United Trade Action Group Ltd (R on the application of) v Transport for London

United Trade Action Group Ltd (R on the application of) v Transport for London

A licensed operator under the Private Hire Vehicles (London) Act 1998 must enter as principal into a contractual obligation with the passenger to provide the journey; app-based booking models do not constitute unlawful plying for hire.

Parties
Claimant: United Trade Action Group Limited; Defendant: Transport for London; Interested Party: Transopco (UK) Limited (trading as Free Now); Claimant: Uber London Limited; Intervener: App Drivers and Couriers Union
Jurisdiction
England and Wales
Judgment Date
06 December 2021
Procedural Posture
Judicial Review and Part 8 Proceedings / Final Judgment
Outcome
Declaration granted; judicial review claim dismissed.
Legal Topics
Private Hire Vehicle Licensing, Statutory Interpretation, Employment Status, Plying for Hire, Regulatory Compliance
Administrative Law Transport Law Contract Law Private Hire Vehicle Licensing Statutory Interpretation Employment Status Plying for Hire Regulatory Compliance

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Parties

United Trade Action Group Limited

Claimant

Transport for London

Defendant

Transopco (UK) Limited (trading as Free Now)

Interested Party

Uber London Limited

Claimant

App Drivers and Couriers Union

Intervener

Procedural Posture

Judicial Review and Part 8 Proceedings / Final Judgment

Legal Issues

  1. 1 Whether a licensed operator under the Private Hire Vehicles (London) Act 1998 must contract as principal with passengers to provide journeys
  2. 2 Whether drivers using ride-hailing apps are unlawfully plying for hire under the Metropolitan Public Carriage Act 1869

Ratio Decidendi

A licensed operator under the Private Hire Vehicles (London) Act 1998 must enter as principal into a contractual obligation with the passenger to provide the journey; app-based booking models do not constitute unlawful plying for hire.

Court Disposition

Declaration granted; judicial review claim dismissed.

Orders

  • Declaration that a licensed operator must contract as principal with passenger under the 1998 Act.
  • No quashing of Free Now's licence; operators to amend terms to comply with judgment.