TaxiPoint Uber London licence appeal timeline; all the latest from day two
We’ll bring you all the latest from the Uber operators licence renewal appeal at Westminster Magistrates Court on our TaxiPoint timeline.
Check back to see the latest news, what the media are saying, updates by journalists at the appeal and what those in the trade are writing and more.
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16.01 26th June
CABVISION
it appears that everyone is back in the building now. Awaiting a signal that we can go back in Court 1 and hear the outcome. Lots of press outside, consensus appears to be that Uber will get a License but differing views on how long
15:38 26th June
The waiting is excruciating, but verdict due latest 5pm today.
12:55 26th June
That’s it, we get the judgement this afternoon. Most people in the court think it’s a foregone conclusion- short term licence with conditions! A bad day for British Justice?
12:51 26th June
Uber now confident “ we do NOT accept that our app, previously operated illegally??
12:42 26th June
Uber’s QC “ we are totally committed to being the best possible operator!
12:41 26th June
This totally disinterested Magistrate springs to life when discussing possible licensing conditions, hardly able to contain her enthusiasm!
12:37 26th June
Uber’s QC and Magistrate discussing the conditions, she has made up her mind?
12:35 26th June
Uber’s QC avoiding talking about past mistakes concentrating instead on how wonderful it all is now! Asking the court togve a short licence with conditions.
12:33 26th June
Uber’s QC “ All the new non exec directors are as impressive as Lauren Powers Freeling!” They will ensure we get it right from here on in!
12.31 26th June
Uber’s QC is doing his best to distance current Uber staff from past staff “under the watchful eye and guidance of Laurel Powers Freeling”
12:27 26th June
Magistrate asks about staff changes . Describes Laurel Powers Freeling as very impressive, but the other two ( Elvidge and Tom) as “er, er,” and the moves on
12:11 26th June
TFLs QC “ Are Uber fit and proper today, despite, by their own admission, they were not 9 months ago?”
11:55 26th June
TfLs QC referring to international sporting club stated case “ just because th accepted failures are past doesn’t mean they should be disregarded! Past misconduct will in every case play a part in a licensing decision!
11:48 26th June
TfLs QC referring to international sporting club stated case “ just because th accepted failures are past doesn’t mean they should be disregarded! Past misconduct will in every case play a part in a licensing decision!
11:46 26th June
TFLs QC “ Uber are now only asking for a shorlucence, they know a full one is out of the question!”
11:46 26th June
TFL QC “ Uber now say that was incorrect and apologise for that they now say TfL were right to refuse the licence”
11:45 26th June
Tfl QC summing up “ look at the chronology of the refusal- ULL applied for a full 5 year licence and appealed the refusal on the rounds that TfL were wrong and that Uber are Fit and Proper”
11:25 26th June No basis for condition to Uber license, this would be bad law. Uber doing nothing wrong with 'Bookings' outside of Licensed area. Judge should refuse Tourist's submissions. Going to have a break, will hear final submissions and will pass judgment at 5pm. 11:23 26th June Uber arguing that they are doing nothing wrong, that surge pricing has nothing to do with licensing conditions. This isn't a disguised attack at the whole of Uber not just ULL. Uber is fre to operate, it has set it's own ordinances, even though it has no requirement to do so
11:21 26th June
Uber’s QC insists CBH is lawful and that Uber can work anywhere. If you imposed such a condition ( as suggested by LTDA) we will appeal it!
11:18 26th June
LTDA QC if you decide to give a licence we say you should limit it to London GLA area only not allow them to operate in the 49 areas where they are not licensed!
11:16 26th June
LTDA QC “Uber are saying to you ( Magistrate) we want a licence to operate in the 49 areas we are not licensed”
11:15 26th June
It’s where the provision is made to accept the bookings- you cannot interpret this in any other way! Uber intend to use this licence to act unlawfully!
11:13 26th June
LTDAs QC “ Uber intends to use this licence to make provision to accept bookings outside London- this is an unlawful proposition!
10:59 26th June
That’s it, HC finished giving evidence, very clear that Uber couldn’t risk asking her anymore questions, they didn’t like the answers! Summing up now
11:06 26th June
Uber’s QC told to sit down by his instructing solicitor after he asks HC about Uber reporting historical crimes and HC uses words like ‘ appalling’ and ‘ too little to late’ Oh dear, it’s all gone wrong!!
10:57 26th June
Uber’s QC keeps on that TfL should issue guidelines. HC keeps repeating it’s common sense!
10:56 26th June
HC “ I keep going back to my comments, it’s common sense to report sexual assaults or any serious crimes!”
10:54 26th June
HC “ I am unaware of similar problems with any other Operator”
10:54 26th June
Uber’s QC “ Uber have applied processes and protocols to ensure this does not happen” HC “ if they are applied correctly”
10:53 26th June
HC “ it’s common sense that sexual assaults should be reported to police!”
10:50 26th June
Uber’s QC “ why didn’t you forward the bill any letter to Uber straight away? HC “ I don’t remember”
10:46 26th June
HC “ My recollection is that Uber we’re responsible for the delays in notifying the police of sexual assaults”
10:44 26th June
HC “ The Police want Operators to report sexual assaults to them!”
10:42 26th June
Uber’s QC taking HC through Insp Billsney letter and whether 2nd offence of sexual assault could have been avoided if Uber had reported its driver after 1st assault.
10:39 26th June
Body language is fascinating, Uber’s QC has now crossed his arms, looking around the court as he addresses HC. She is giving short sharp answers , no love lost here!
10:37 26th June
HC “ it ( the system) works better if we have a dialogue with PH Operators- very clear inference that it’s not the case with Uber!
10:35 26th June
Uber’s QC keeps pointing out that Uber have apologised, and offered to collaborate with TFL on messaging re hacking scandal.
10:33 26th June
Uber’s QC “ did Uber not give a detailed apology re the hacking scandal” HC “ I repeat my comments, we have had many instances of finding stuff out from the media!”
10:31 26th June
HC , talks over Uber’s QC “we (TfL) have had 5 years of Uber being difficult with TfL, avoiding questions and trying to thwart us at every opportunity”
10:28 26th June
HC “ put it into context, we (TfL) had a number of years of finding out stuff about Uber from the media!”
10:28 26th June
Uber’s QC to HC “ you don’t have any concerns about people who lost money through hacking not being reimbursed?” HC “ no”
10:26 26th June
Uber’s QC “ The hacking story is a regular problem at many companies?” HC “ yes but not at companies I regulate!”
10:24 26th June
Uber’s QC questioning HC on PH Operators grading system “ it goes 1 to 7 is that correct, 1 a pass and 7 a fail” HC “yes” QC “Uber’s latest compliance checks (9th May) carried out by 23 TPH officers revealed no errors and Uber were graded 1? HC “ yes”
10:20 26th June
Uber’s QC pushing HC “ your primary focus is to assess if an operator is complying with act? Other obligations are more open are they not?” HC “Not necessarily!”
10:15 26th June
Uber’s QC “. If we get into a probationary licence it’s a basic premise that, if Uber were compliant they would get a normal licence? HC “ that very much depends on Uber”
10:13 26th June
All of a sudden the Magistrate is very interested and attentive, asking HC questions about conditions of licence!
10:12 26th June
HC continues “ we want independent assessment and report of Uber’s operating methods as a condition. We could work with 3, 6, 9 months or whatever the court decides”
09:59 26th June
TfL start with Helen Chapman, TPH director. “ The Court has asked us ( TfL) to agree conditions to be applied to Uber’s licence, should the court deem fit to give a licence
09:59 26th June
Eyes down! Day 2 of the Uber appeal. The consensus of the press and various other attendees at yesterdays hearing is that the Magistrate has already made her mind up, and that Uber are simply too big to fail.
09:57 26th June
TAXIPOINT
09:53 26th June
Here we go again. Day two is about to start and will be keep you up-to-date with comments from the LTDA and more LIVE from the court room.
07:24 26th June
Session today starts at 10:00 and we’ll keep you up to date with the help of those in the room.
07:20 26th June
The dust has settled from day one in the court and here’s the most intriguing question... has the Judge heard enough already to say she will make a decision today? If so, not a lot of positives come from the first day for the much maligned ride-hailing firm.
16:40 25th June
Well done the The LTDA who have provided the commentary from the court room today!
16:23 25th June
16:19 25th June
That’s it, all done for the day. After an exhausting day it’s round two tomorrow.
16:18 25th June
TfL QC to Laurel
What would you say to someone who says “your new protocols have only been in place 4 months, how can you be sure they work?
16:14 25th June
TfL QC asks Laurel, “ it’s fair to say you don’t have s lot to do with the day to day running of Uber?”
“Yes as a non exec director I don’t”
16:08 25th June
When pushed, Laurel conceded it’s only4 days a month with Uber!
16:07 25th June
TfL QC takes Laurel through the long long list of companies she works ( and is paid for!) “what percentage of your time do you spend on Uber?”
She answers “lots” - so the others are paying her to do not a lot then!
16:04 25th June
Uber non exec director Laurel Powers Freeling, not surprisingly tells the court how Uber want to change!
15:49 25th June
EVENING STANDARD
15:44 25th June
Fred defends failure to report serious allegations as a failure of process, not policy- oh that’s all right then? Right said Fred!
15:38 25th June
Fred withdraws his comments that a 2nd sexual assault could not have been prevented had Uber reported the 1st allegation against their driver!
15:37 25th June
TFL QC “ your previous reporting ( of crimes) policy was not good enough, was it?”
Fred tried to go on about “Metropolitan Police Service” but QC says, never mind MPS and TfL what’s yr opinion?
15:23 25th June
15:12 25th June
Fred has obviously been rehearsing in front of the mirror, now up to 33 mentions of ‘Metropolitan Police Service” His lawyer, obviously embarrassed, says MPS, but Fred keeps on with Metropolitan Police Servce”. !!!
15:06 25th June
Fred, being walked through his evidence by Uber’s QC, he has mentioned ‘ Metropolitan Police Service 23 Times so far! Keeps on about the ex ‘ Metroploitan Police Service’ bod they employ now!
14:51 25th June
Fred Jones now in the box, looks slightly more confident than Elvidge, let's see how he fares.
14:45 25th June
Tfl QC “is Kalanick Still involved?” Elvidge , very nervously, yes he is still a board member!!
14:43 25th June
Tfl QC to Elvidge “is it possible that in just 9 months Dara has changed this culture?
14:42 25th June
TfLs QC “Isnt it true Uber’s culture was one of ‘tell the regulator as little as possible?’ Elvidge “ it was a corporate culture under previous leadership”
14:33 25th July
TfL QC is not letting up, now asking Elvidge about Bertram and other staff who have left since Sep 17 (date of licence refusal) all of a sudden Elvidge very nervous again!
14:19 25th July
TfL QC to Elvidge “ the handling of this ( the data breach) was not a good start to your new reformed system, was it”?
14:17 25th July
Elvidge “it ( the data breach) was handled in a totally appropriate way”
14:16 25th July
Elvidge now being crossed on data breach, “you said ULL were only given limited information on data breach by Uber in Sam Francisco (SF) - these people in SF have now left the company!
13:55 25th June
In a pulsating first session at Westminster Magistrates Court we wait for the next instalment. Still to come TfL’s Helen Chapman and the LTDA as an interested party.
The main talking points surround Uber’s admission that the working model eas incorrect with all booking going direct to the driver rather than the operator. TfL’s QC said “that means that around 2 million offences were committed every week by drivers using your app?”
Uber’s Tom Elvidge replied “Yes”
Could this now open up claims of compensation for the six year time period Uber were operating illegally?
12:44 25th June
Elvidge “ it’s regrettable that TfL had to find out about Ripley from a news report”
12:40 25th June
TfLs QC to Elvidge “ a cynic might say Bertram was replaced to enable you to re apply for s licence?”
12:33 25th June
Elvidge, wringing his hands, “I regret our actions re the communications around Greyball”!
12:28 25th June
Tfl QC now questioning a plainly nervous Elvidge on Greyball!
12:26 25th June
Magistrate to Elvidge “ Are you saying Uber employed someone who did not understand how the system worked?”
12:24 25th June
TfLs QC “ it wouldn’t be unfair to say that in the past “ Uber have said whatever suited it to say in any given particular circumstance (referring to HC & employment cases)!
12:22 25th June
Elvidge getting slaughtered re Uber submissions to High Court in 2014, he’s mumbling, hesitating and very nervous!
12:09 25th June
TfL QC “ but that means that around 2 million offences were committed every week by drivers using your app?” Elvidge “yes”
12:08 25th June
Tom Elvidge figedity, uncomfortable and nervous when asked to confirm that the app used to send bookings straight to Car! “Yes”
11:33 25th June
Tom Elvidge in the box!!
11:29 25th June
Court agree to post Helen Chapmans statement and LTDA written submissions online
11:26 25th June
TfLs lawyer “ we are pleased ULL recognises that TfL were correct to refuse a licence” “ past matters are far from irrelevant and I intend to question ULL in this hearing to ascertain the facts”
11:24 25th June
Uber “give us 18 months, there is ample legislation for TfL to close us down if we don’t comply with any conditions!”
11:21 25th June
Uber’s QC “None of the staff, nor any of the directors from 2014 (misleading High Court) have anything to do with Uber any more!”
10:56 25th June
Uber tell the court “our history is now water under the bridge” We have grown up as a company, we will be happy to have conditions imposed whilst we prove ourselves to TfL
10:21 25th June
Uber now detailing all the changes they have made to ensure that they are now fit and proper!
10:20 25th June
Uber kick off detailing how they accept that TfL were right to refuse a licence in 2017!
10:17 25th June
2nd question “ what’s the procedure for dealing with sexual assaults today”?
10:11 25th June
LTDA: 1st Day opening of appeal, First thing Magistrate asks “ who was responsible for misleading High Court in 2014?”
10:00 25th June
We're off!
07:29 25 June
BUSINESS INSIDER
07:23 25th June
SKY NEWS
07:21 25th June
BLOOMBERG
07:10 25th June
BBC NEWS
23:40 24th June
Message from York Private Hire Group
“On Monday morning 25th june the Uber licensing appeal starts at Westminster Magistrates Court. The LTDA are an ‘interested party’ in the hearing and will be represented by a senior barrister and a QC, both of whom are recognised as the very best in this area of law. “Some of the evidence against Uber that will be used in the case has been gathered in York. “On 12 December 2017 York's Gambling, Licensing & Regulatory Committee voted overwhelmingly to deny the renewal of UBER Britannia's Private Hire Operator's licence on the grounds of the data breach of 2016, and the number of complaints against the company and drivers. UBER appealed with their QC Phillip Kolvin taking City of York Council to the Magistrates. The York Private Hire Association and York Hackney Carriage Association with Station Taxis York instructed Gerald Gouriet, QC in making the cab trade in York an Interested Party to the procedings. UBER pulled out of the appeal on 14 March 2018. “Uber continue to prove they are not a "fit or proper" company by continuing to operate in York despite having their licence aplication refused. “On 1st May 2018, Brighton and Hove City Council's licensing panel refused to renew Uber's private hire operator licence in the city. It cited "significant concerns" “We wish the LTDA & Gerald Gouriet Good luck.”
21:46 24th June
Who thinks Uber will win the court case?
