UTAG Legal Update From Chiltern Law

  Please find below a Legal Update from Chiltern Law.

Dear all,

Judicial Review – United Trade Action Group Limited v Transport for London CO/4996/2019

The raison d’être for the United Trade Action Group was and still is to hold Transport for London (TfL) to account for the damage caused to your trade by their laissez faire approach towards: protecting you, the two-tier system, plying for hire and consistent robust regulation of those operators flouting the law and regulations. Primarily, UTAG is focussed on an action against TfL for causing economic harm and loss which has been exacerbated through their “cosy and flabby” relationship with Uber.

TfL’s decision not to immediately revoke Uber’s licence following a two month extension could not go unchallenged. The consistent breaches by Uber during their “probationary licence” were such that the public’s safety was seriously at risk and have been described by our leading counsel as “grave and acute”. Those breaches have been widely reported and further breaches couldn’t be ruled out hence our view that Uber should have been prevented from operating.

UTAG’s focus was, in the short term, concentrating on judicially reviewing TfL’s decision and seeking disclosure of all the material TfL was privy to when arriving at that decision. Despite numerous well argued requests for this material it was being resisted by TfL. So, as well as judicially reviewing TfL we made an application to the High Court for specific disclosure. Permission was sought and denied by Mrs Justice Tipples on grounds which we considered had to be argued further before a High Court Judge by way of an oral application to renew.

We all worked very hard and leading counsel drafted a compelling skeleton argument with which to persuade the single judge to allow our application to judicially review TfL. Regrettably, Mr Justice Knowles declined permission for the judicial review and for the order for specific disclosure. The result, some will say, is that TfL’s and Uber’s close relationship has been allowed to continue. Knowles J seemed to be satisfied that TfL’s decision was not arguably irrational and that more draconian measures could be taken by TfL against Uber between now and Uber’s appeal if there were further breaches. You will have your own views on whether any action would be taken.

Suffice to say, we are disappointed with the decision by Mr Justice Knowles but this has only increased our resolve to hold TfL to account for the continued harm caused to you. UTAG remains committed and passionate about ensuring TfL is held accountable. This can only be done with your support, patience and resilience.

UTAG continues with its characteristic stoic attitude and prepares for the main action(s).

Yours sincerely

Darren Rogers

London | Newbury | Maidstone | Manchester

In closing, we should like to thank all of you for your invaluable ongoing support and we hope you and your family are keeping safe during these challenging times.

Kind regards

Angela Clarkson & Trevor Merralls
Directors
United Trade Action Group