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Liverpool minicab firm defeats Uber in Supreme Court

Liverpool minicab firm defeats Uber in Supreme Court

Telegraph29-07-2025
A Liverpudlian minicab company has won a David vs Goliath legal victory against Uber that means small taxi companies will not have to pay VAT on fares.
The Supreme Court ruled on Tuesday that minicab drivers could trade directly with passengers, a legal position that means the vast majority of private hire trips will not incur the 20pc tax.
Uber and other minicab firms in London have had to pay VAT on rides since the US company lost a High Court case in 2021. However, the situation was unresolved outside the capital, which is governed by different private hire laws.
Uber had sought a legal declaration that all minicab operators should have to pay VAT, with the High Court ultimately siding with the US tech company on the matter.
However, this was later challenged by Delta Taxis, a Liverpool-based minicab firm that has operated in the city since 1968.
Delta warned that a victory for Uber would lead to a 20pc rise in fares and had positioned the battle as a 'David vs Goliath moment', accusing Uber of a 'cynical, heavy-handed attack against smaller, independent family-run businesses like ours'.
The Merseyside company, which has around 2,000 drivers, had raised money for the case by crowdfunding along with Cardiff firm Veezu. They were also supported by Uber rival Bolt.
On Tuesday, the Supreme Court upheld Delta's successful Court of Appeal challenge, meaning that small firms can keep operating without paying VAT.
The decision is the latest legal setback for Uber, which has suffered defeats over the status of its drivers as well as its business model in London.
The legal arguments centred around whether minicab firms could employ an 'agency' model, in which a passenger's contract is with the driver, or a 'principal' model, in which the passenger's contract is with the business.
Under the former model, fares are generally not liable for VAT, since individual drivers do not tend to meet the £90,000 annual revenue threshold for paying the tax.
The Supreme Court ruled that operators outside of London could employ either model.
Uber and other minicab firms in London pay VAT under the principal model. The US company has applied this policy nationwide and said it would continue to do so despite the ruling.
'Time to level the playing field'
An Uber spokesman said: 'The Supreme Court ruling confirms that different contractual protections apply for people booking trips in London compared to the rest of England and Wales. The ruling has no impact on Uber's application of VAT, which has been upheld twice by other courts.'
Bolt, an Uber rival, called for legal changes to overturn VAT charges in London. Kimberly Hurd, its UK boss, said: 'We welcome the court's decision to uphold the agency model, a framework taxi firms and customers across the country have relied on for 50 years.
'It's time for a modern, consistent regulatory framework that levels the playing field for all operators, regardless of where they are.'
Uber and Bolt have separately challenged HMRC over how VAT is charged on fares.
The companies have argued that the tax should only be applied to a business's cut of fares, which is between 15pc and 25pc, while HMRC had argued it should be the entire fare.
HMRC has stopped collecting VAT from Uber after Bolt won a legal victory against the tax authority in March, pending a ruling in Uber's separate case.
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