NORTH-EAST cabbies last night vowed to fight on after a judge ruled against them in a test case that could affect every taxi driver in the country.

Darlington Borough Council was told by magistrates earlier this year it did not have the right to order cabbies to sit advanced driving tests to obtain a licence.

The authority appealed to the High Court, and yesterday Justice Alan Wilkie overturned the decision.

Defiant cabbies, backed by the Amicus union, told The Northern Echo they would consider taking the case to the Court of Appeal.

Taxi driver Peter Mudd said: "This affects every taxi driver in the country. It is going to make Darlington a battle ground."

Tom Harris, a cabbie for 15 years, said: "We will keep supporting the fight. We have to."

Gerry Hunter, regional officer for Amicus, said: "We haven't lost yet and Darlington hasn't won. Our lawyers will be reviewing this decision with our barristers and, if necessary, take it to the Court of Appeal."

Justice Wilkie referred the case back to magistrates and told the authority it was entitled to impose the Driving Standards Agency (DSA) test.

His judgement could encourage authorities across the land to bring in the test.

Councillor Nick Wallis, cabinet member for highways and transport, said: "The High Court decision fully vindicates the action taken by this council and wholeheartedly supports the council's desire to improve safety for fare-paying taxi passengers.

"I am delighted that the law supports councils like Darlington that want to improve taxi standards."

The council introduced the DSA test in 2002. It has a 50 per cent failure rate on drivers applying for new licences or renewing old ones.