Maugham v Uber London Ltd

Maugham v Uber London Ltd

A Protective Costs Order cannot be made in private litigation; the proceedings are private law between two private parties, do not raise issues of general public importance in the sense required by Corner House, and the public interest does not require resolution in these proceedings. Even if Corner House principles applied, the factors weigh against granting a PCO.

Parties
Claimant: Jolyon Toby Dennis Maugham QC; Defendant: Uber London Limited
Jurisdiction
England and Wales
Judgment Date
25 February 2019
Procedural Posture
Civil / Ruling on Application for Protective Costs Order
Outcome
Application for Protective Costs Order refused
Legal Topics
Protective Costs Orders, VAT Invoices, Standing in Litigation, Crowdfunding in Litigation
Civil Procedure Tax Law Protective Costs Orders VAT Invoices Standing in Litigation Crowdfunding in Litigation

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Parties

Jolyon Toby Dennis Maugham QC

Claimant

Uber London Limited

Defendant

Procedural Posture

Civil / Ruling on Application for Protective Costs Order

Legal Issues

  1. 1 Whether a Protective Costs Order (PCO) can be granted in private law proceedings
  2. 2 Whether the issues raised are of general public importance
  3. 3 Whether the public interest requires resolution of the issues in these proceedings

Ratio Decidendi

A Protective Costs Order cannot be made in private litigation; the proceedings are private law between two private parties, do not raise issues of general public importance in the sense required by Corner House, and the public interest does not require resolution in these proceedings. Even if Corner House principles applied, the factors weigh against granting a PCO.

Court Disposition

Application for Protective Costs Order refused

Orders

  • No Protective Costs Order granted
  • Applicant may apply for a costs management order under CPR 3.12(1)(e)