London taxi drivers have commenced a JR of a court decision to allow Uber a licence.
The High Court action is based on a conflict, bias, apparent bias and flawed reasoning.
It seeks to quash the judgement which allowed Uber to operate for a further 15 months.
The action seeks a re-hearing with a newly constituted court.
It is the first part of a three-phase legal action which will include TfL and Uber.
Papers have been filed for a judicial review of the decision by Westminster Magistrate Court to give Uber permission to continue to operate despite the company admitting that it had repeatedly failed to conform to the law. The action is being bought by the United Cabbies Group (UCG) on behalf of the United Trade Action Group (UTAG).
It’s solicitors, Darren Roger of Chiltern Law, has instructed Robert Griffiths and Stuart Jessie if 6 Pump Court Chambers.
The claim which was filed Yesterday is based on the admission by the courts Chief Magistrate, Emma Arbuthnot, that she was conflicted in the case. Last month The Guardian reported that her husband worked for one of Uber’s biggest investors. The revelation printed Ms Arbuthnot to rule herself out from future cases involving Uber.
“By admitting it was big enough to stop her hearing future cases, it shows that she had no right to sit in the case in which she gave Uber a green light” said Angie Clarkson of the United Trade Action Group.
The High Court action will challenge Ms Arbuthnot’s decision on the basis of actual and apparent bias. The claim will also look at the reasoning behind her decision to renew Uber’s licence for 15 months. It will argue that the extension resulted from unreasonable implausible and illogical reasoning.
It will also highlight how the judge made no finding that Uber was a “fit and proper person” according to the legislation. Despite this, she still granted the licence.
The claim is the start of a series of legal actions which will challenge Uber’s business model and commercial practices as well as the failure of TfL to effectively regulate them.
“The legal storm clouds are gathering over Uber. It’s reckless approach to the law is finally catching up with it” said Trevor Merralls of the United Cabbies Group.
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