Supreme Court clarifies operator liability under PHV licensing regime (D.E.L.T.A. Merseyside Ltd v Uber Britannia Ltd)
The Supreme Court has unanimously dismissed Uber Britannia Ltd’s appeal, holding that private hire (PHV) operators outside London are not required to contract as principals when accepting bookings. Philip Kolvin KC, barrister at 11KBW and counsel for the First Respondent, welcomed the judgment, stating that it ‘conclusively upheld the right of operators, drivers and passengers to contract as they wish,’ preserving longstanding industry practice and safeguarding consumer choice. Josef Cannon KC, of Cornerstone Barristers, emphasised that ‘the decision confirms that section 56(1) creates liability without dictating contract structure, enabling continued use of the agency and intermediary models across England and Wales.