“… reports getting out of the taxi when it suddenly sped off. She fell backwards hitting the back of her head on the road. She denies being KOP but PCs reports Pts eyes rolling and noisy breathing for approx. 10 seconds…”
“many times customers have run off without paying. I was very concerned this would happen again. Experience many times say pay and then go and never pay.”
“The claim in negligence is not straightforward. There is no doubt that at all times the Defendant owed a duty to drive his vehicle with reasonable care for the safety of the Claimant. I have little difficulty in finding that driving away while the Claimant was standing up in the rear of the taxi with the sliding side door open was a breach of that duty. However, this action caused the Claimant to sit down and engage in a brief conversation with the Defendant. It did not cause him any injury. The injury occurred a minute or so later and ¾ mile away. At that time there is no evidence that the Defendant was driving in an unsafe manner. He was certainly driving within the speed limit. The case in negligence must therefore be put on the basis that it was negligent to drive the vehicle at all with a person detained in it who may attempt to escape because the driver knows that he wants to get out. The possibility of escape would be particularly clear because the doors were not capable of being locked. It was foreseeable that he would attempt to escape and any such attempt would involve some level of risk of injury to the Claimant. The Particulars of Claim do not refer to the absence of working locks, but there is no dispute about that fact, indeed it is based on the evidence given by the Defendant. That apart, they do contain allegations which enable the case to be advanced on the basis which I have just described. Once the duty is described in that way it becomes clear that the Defendant was in breach of his duty to drive his car with reasonable care for the safety of the Claimant. The taxi was simply not suitable for conveying prisoners safely. It would be unsafe whether the detention of the passenger was lawful or not. The presence or absence of working locks is not decisive of the issue, but should have operated as a particular warning on the facts of this case to the Defendant of the risk that his prisoner may try to escape. The reason for the detention is not relevant to the negligence claim, at least on primary liability… [paras 31 and 32].”
“A person who, knowing that payment on the spot for any goods supplied or service done is required or expected from him, dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due shall be guilty of an offence.”