Uber's counsel, Gerald Gouriet QC wrote:
Déjà vu
This appeal marks the second occasion, in a little over two years, in which Uber has been able to persuade a court that between TfL’s refusal to renew its licence and the appeal hearing it has put right the many wrongs that led to TfL’s decision. The judge in the 2018 appeal said: “The question for this court is whether ULL can be trusted when it says it has changed and whether it will maintain the changes when these proceedings drop away”. Leading counsel for TfL in the latest appeal said much the same thing: she said that the “crucial question” was whether Uber could be trusted to break its cycle of “remorse and reform”.
Mending what has been broken, and undertaking not to do the same again, has proved a winning formula for Uber. There cannot be many licensees whose repeated breaches of conditions and regulations are of so little consequence.
Which is kind of consistent with what I was saying almost three years ago to the day
In October 2017, Stuart wrote:
Thus to a degree it's maybe irresistible force meets immoveable object, and it's a case of who blinks first. But I wouldn't be surprised if TfL expected all along that Uber would continue, and they're just sabre rattling because Uber won't play ball on compliance, so effectively TfL's position is simply to force Uber's hand.
It's always looked like TfL don't actually expect Uber to lose its licence, and the litigation etc is all about forcing Uber's hand on compliance and updating processes and procedures as required etc.
So call it cat and mouse, brinksmanship, or whatever, but it's all a kind of game. Of course, a lot of law, litigation, prosecutions etc is like that, whether civil or criminal. It's just the reality of these things.
Incidentally, and on a pedantic presentational point, I'd have removed the QC's underlining of paragraph headings:
Gerald Gouriet QC wrote:
The Decision
LTDA submissions
Déjà vu
Maybe it's a thing in legal documents, but if you look in newspapers, books, official reports, professional websites etc, you won't see much underlining used for titles, paragraph headings etc. Use a bigger font, bold or even italics, but
not underlining
Utterly disgraceful
And if there's one thing that should be relevant to fit and proper status, it's underlining text like that
