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PostPosted: Sat Apr 30, 2022 12:41 pm 
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What is the new case all about with uber any one know

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PostPosted: Sat Apr 30, 2022 7:28 pm 
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charles007 wrote:
What is the new case all about with uber any one know


Uber seeks High Court Declaration on model lawfulness in the 'provinces'

https://www.instituteoflicensing.org/ne ... provinces/

In Uber London Limited v. Transport for London and others [2021] EWHC 3290 (Admin) the Divisional Court made the following declaration:

In order to operate lawfully under the Private Hire Vehicles (London) Act 1998 a licensed operator who accepts a booking from a passenger is required to enter as principal into a contractual obligation with the passenger to provide the journey which is the subject of the booking.

Uber Britannia Limited (“UBL”) is licensed by Sefton Council as a private hire vehicle (“PHV”) operator under the provisions of Part II of the Local Government (Miscellaneous Provisions) Act 1976, which the Council has adopted to apply in its area.

UBL has commenced proceedings against Sefton Council under Part 8 of the Civil Procedure Rules seeking the following declaration from the High Court:

In order to operate lawfully under Part II Local Government (Miscellaneous Provisions) Act 1976, a licensed operator who accepts a booking from a passenger is required to enter as principal into a contractual obligation with the passenger to provide the journey which is the subject of the booking.

Sefton Council issued a notice "to the attention of interested parties, including licensed PHV operators and licensed drivers, and anyone who wishes to join into these proceedings."

It continued:

"UBL is in the process of applying for, directions from the Court whereby any parties who wish to be joined in these proceedings should apply to the Court by no later than 4pm on 11 May 2022."

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PostPosted: Sat Apr 30, 2022 8:09 pm 
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It seems that Uber is asking the court to determine if what the court has decided in respect of the London Act i.e. that Uber is the principle, also applies in respect of the 1976 Miss Act.

Strange because it's generally accepted that that has been the case under the 1976 Act, since 1976. 8-[

Maybe they want clarification that they are liable for VAT for work given out via the 1976 Act.

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PostPosted: Sat Apr 30, 2022 8:22 pm 
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and if won? will have an impact on all of the trade are am I reading too much into this

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PostPosted: Sun May 01, 2022 4:36 pm 
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charles007 wrote:
and if won? will have an impact on all of the trade are am I reading too much into this

Firstly I'm not 100% certain what it's all about, I'm just making an educated guess.

However, if I'm right then it will have no effect on us, IMO, win lose or draw.

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