Claimant v Transport for London

Outcome

Facts

The claimant, a self-employed black cab driver with a disability affecting his back, brought a claim against Transport for London (the licensing authority) for failure to make reasonable adjustments. He argued that the requirement in the Conditions of Fitness policy for taxis to have a tight turning circle placed him at a substantial disadvantage because he could not afford a compliant vehicle while working only part-time hours due to his disability. The claimant had previously brought a claim (2305160/2021) against the same respondent concerning the same policy, focusing on wheelchair accessibility requirements. The turning circle requirement was mentioned but not put in issue in the earlier proceedings.

Decision

The tribunal struck out the claim as an abuse of process under the rule in Henderson v Henderson. Although this was not cause of action estoppel or issue estoppel (because the specific PCP differed), the tribunal found that the turning circle requirement was a core element of the same Conditions of Fitness policy that was the subject of the first claim. The claimant knew of this requirement and could with reasonable diligence have raised it in the earlier proceedings. Allowing successive claims challenging different elements of the same policy would be contrary to the public interest in finality of litigation and would unjustly vex the respondent.

Practical note

Legal authorities cited