James Vaughan, Nick Long, Joanna Harding and Councillor Fiona Thomson: Welwyn-Hatfield’s Appalling Taxi Team

FionaThomson

Conservative Councillor Fiona Thomson has upset taxi drivers and commuters. She presides over the council’s appalling Hackney Carriage (taxi) team.

As a loyal Conservative, I would find it hard to vote for anything else. I can think of few things worse for Welwyn-Hatfield than a Labour-run council. When I was a Labour councillor (before I became a Conservative), the council was just recovering from a Labour administration that took the council £3 million over budget and which Conservative John Dean’s leadership of the council had to rectify. Even so, in my recent interactions with Welwyn-Hatfield’s taxi team they have fallen well short of what I would expect at every level, failing to deal adequately with serious allegations of systemic racism and maladministration.

As we approach the elections, Conservatives hope to rely on the support of small business, such as taxi drivers. In Welwyn-Hatfield unfortunately they are demonstrating outside the council offices (archive). Why? The (Conservative) County council has come up with an ill-conceived plan to move the taxi rank away from the station where it currently rests. The Borough council has been asked to oppose the plans and it is far from clear on where it stands. Conservative Executive Member Fiona Thomson said it would be “inappropriate to comment”. Because alienating a core vote is exactly what we want before local elections.

According to an article in the Welwyn-Hatfield Times, Labour PPC for Welwyn-Hatfield Rosie Newbigging “warned of risks to elderly, frail and disabled people who would have to cross a busy road to get a taxi”. I think Ms Newbigging is ignoring other important groups. What about well-nourished Conservative law bloggers? When I stagger out of the train station full of foie gras and scotch why should I have to walk further? Commuters are an important vote too!

But the controversy is only the tip of the iceberg. I was recently asked to provide pro-bono support to a taxi driver who was being accused of license misconduct. In fairness, he admits to overcharging, albeit he says that it was in error. It is likely this is true as he gave receipts. I did agree to an initial look at the papers. Suspiciously, the council had not sent the driver a transcript of an interview they had with him under caution (under the Police and Criminal Evidence Act 1984, usually known as PACE). When I became involved it was only 6 days before the hearing. When the driver emailed the council and consented to a copy being sent to me, council officer Cheryl Bridges claimed she could not give it to me because of “data protection” even whilst admitting to having the consent in front of her.

When I finally received the interview transcript (after further representations) it read like something from Blackadder. The driver had admitted he had charged extra because he had to drive a long way to collect the customer. In reply, Hackney Carriage Officer James Vaughan said this, “So the more vulnerable the customer is the more you can charge them, is that how it works?”. He literally invented an allegation of predation on the spot and out of whole cloth.

The irony is of course that the taxi driver is a vulnerable Muslim migrant with English good enough to run a taxi but not well equipped to protect himself from a jumped up, wannabe-traffic cop like Vaughan. The person who had complained about the driver had produced a witness statement referring to two incidents, one to which there was an independent female witness. The officers had not contacted her. I did. Her evidence points to the driver being a kindly man (if not well educated) dealing with a rude and frightening customer.

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Mark Watts: Unparticularised

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The logo of the so-called Freedom of Information Act Centre of which Mark Watts is ‘coordinator’.

On Monday, I wrote about the first preliminary hearing in the case of Baker v Hemming. In the hearing, Esther Baker was ordered to rewrite her claim, have a psychiatric assessment and pay costs to be subject to the detailed assessment procedure. At the hearing Baker was unrepresented but assisted by Mark Watts, former Exaro editor, who sat behind her and appeared to assist as a lay advisor. Now he has complained about myself, Barbara Hewson and Simon Just to the judge because we blogged about it.

It is curious that a man who claims to campaign for transparency like Mark Watts, who ‘coordinates’ for the ‘Freedom of Information Act Centre’, is suddenly not-so-keen on information getting out when he is the subject. There are three blogs that Watts complains of. My previous article here, barrister Barbara Hewson’s blog and Real Troll Exposure.

In the United Kingdom, most libel cases (unlike the Family Courts) are open to the public and it is perfectly legal to report on them. Providing the reporting is ‘fair’ and ‘accurate’ it even attracts qualified privilege. Watts’ complaint accuses all three of us of being ‘unfair’. What moved me to write this brief post however, was the fact that his complaint is … unclear. I have no idea why he thinks Barbara and Real Troll Exposure have been unfair. His only comprehensible complaint about my blog is that he is described as a blogger. I do not see how that is harmful to him, and the FOIACentre’s ‘News’ section to me looks like a blog attached to a niche research business.

Put another way his complaint is … inadequately particularised. Much like Esther Baker’s claim in which he advised her. I may be running some articles on Mr Watts in due course but for now I include his complaint below. In the spirit of Freedom of Information, of course.

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Baker v Hemming: Esther Baker Ordered to Pay Costs!

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Esther Baker has had a bad day in court.

The first interim hearing in Baker v Hemming occurred today, and Esther Baker has been ordered to pay the whole costs of the hearing as well as re-write all of her court pleadings. Furthermore, Hemming has been given leave to commence detailed costs assessment immediately.

Esther Baker is suing John Hemming for libel for saying she lied about her allegations of Rape. Hemming has counterclaimed for libel over a tweet he says is an allegation that he raped her. Hemming had applied to strike out Baker’s claim and her Defence to his counterclaim.

The hearing, which was open to the public, took most of the day with various breaks for advice and production of documents. Hemming was represented by barrister Richard Owen Thomas of 3PB chambers. In Hemming v Wilmer I assisted formally as McKenzie Friend but here I sat with them and provided informal support.

Baker acted in person but was assisted by Mark Watts, former editor of Exaro and currently Coordinator at the Freedom of Information Centre. At the start of the hearing he sat next to her like a McKenzie Friend but after a brief discussion with the judge he sat behind her and provided informal support. Watts accompanied Baker for more-or-less the whole day.

One interesting aspect of the case is the fact that both sides were supported by bloggers. I have been upfront about my support for John Hemming but felt I should make clear the extent of Watts’ support for Baker. Barbara Hewson also attended the hearing as an observer although she was not as closely aligned with any side.

At the start of the hearing Baker applied for an adjournment claiming she now has pro-bono support to amend her pleadings. This was granted, but because her pleadings were clearly deficient she was ordered to pay the costs of the hearing and the amended pleadings. She will be liable for those costs regardless of how the rest of the case proceeds, whatever the outcome. Baker has been given a tight timescale to file amended the pleadings. Baker had sought an initial decision on meaning, but a meaning hearing was not ordered. Baker has also deleted the allegedly defamatory tweet.

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