Litigation: The Build Up...
You will probably remember reading in the September issue of Call Sign about the litigation we were involved in whereby Radio Taxis (London) aka RTL or Mountview, had decided to sue Dial-a-Cab in order to have transferred from us to them, the domain name of radiotaxis.com . Initially, we purchased the domain name in September 1997 along with others that we felt could be relevant to our future business as we felt that there would be a tremendous future in e-commerce. So far as I am concerned, Dial-a-Cab are in the radio taxi business and I wanted anyone around the world who wanted to know anything about 'radio taxis' to bring up our web site.
   Consequently, we had a link put in so that anyone typing in 'radiotaxis.com' would bring up the Dial-a-Cab web site. At this point, I would add that we never purchased radiotaxis.co.uk because we felt that RTL might one day be interested in it as they like to trade under the name of Radio Taxis. However, you do run a tremendous risk when you endeavour to trade under a name that is generic and descriptive of your industry. I have always felt that a .com ending signified a world domain name whereas .co.uk implies the United Kingdom and DaC were interested in publicising our name worldwide.
   Some two and a half years after we had purchased the domain name, RTL woke up to the fact that we owned it and demanded that I should transfer the name to them. I refused...
   RTL had changed their system moving from VHF to UHF frequency, but still had all their old radios stored doing nothing and all long since depreciated. Dial-a-Cab however, were still working on VHF and I asked RTL for some of their old radios in exchange for the domain name, as I naturally did not want us to enter into extremely expensive litigation and assumed that Mountview felt the same. I believed that the exchange would 

suit all parties. RTL refused point blank and said they still intended to sue. I asked if they would go to arbitration as I really didn't want us to enter into litigation - especially with another licensed taxi organisation and I withdrew  the radiotaxis.com link from our website until such time as the situation had been resolved and of course, to show good faith. Again they refused my offer...

Litigation: The Result...
So in July this year, I found myself in the Courts of Justice in the Strand for four days. At the end of that time, the Judge naturally wanted to deliberate on the case. However, the legal system then went into its 'end of term' mode - similar to the House of Commons/Lords when everyone goes on holiday! The result was that we didn't know the Judge's verdict until the 12th October. QC's and solicitors from both sides learned of the decision on October 9th with the judgment being some seventy five pages long! However, neither side was allowed to convey to their clients the verdict until 90 minutes before the court sat at 10.00hrs on October 12th.
You can just imagine that at 0830hrs on October 12th I was on the phone to our solicitors to find out exactly what the judgment was. I was both pleased and relieved to find that the Judge had ruled in favour of Dial-a-Cab.
   Back in court, both sides pleaded their case regarding the apportionment of costs. The Judge decided that RTL should pay 90% of Dial-a-Cab's costs of £100,00, a sum amounting to £90,000. In addition, they had to pay their own costs, which probably would have amounted to even more than ours as they were the claimants. The total costs that RTL will be 

responsible for will be somewhere between £200,000  to £250,000; the Judge also refused them the option to appeal on 'intent' which was the main point of their case when they claimed that Dial-a-Cab had intended to pass themselves off as RTL. However, if they choose to appeal - against advice from the Judge - I am reliably informed that the costs will probably amount to another £100,000.
   I am obviously pleased that we have won the case, but I believe that it has been a totally futile
exercise that could have been resolved with a little negotiation. But as you can see from the above, DaC bent over backwards offering both negotiation and good will to avoid entering into litigation. In the end, the choice of litigation was not ours...

Litigation: Conclusion...
My belief is that RTL endeavoured to coerce us into submission using the threat of litigation - another misjudgment on their part.
   I also find it extremely sad that nearly a quarter of a million pounds will be diverted away from the cab trade. Perhaps sad is not the correct word, disgraceful might be more appropriate...

Christmas Bonus
In the past we have operated a bonus scheme at Christmas and this year will be no different. However, the way things are going, I'm sure you realise that we must cover everything in the 'run up' to Christmas in order to keep account clients for next year. I don't think I have ever known such an extraordinary period in our history.
   This year the bonus will be very simple and everyone will compete on a level playing field. From November 1st until December 31st every account trip that you complete over and above 240, for that particular two-month period you will be eligible for an extra £5 per trip - it's as simple as that.

Brian Rice