Supreme Court rejects mandatory hire contracts for private hire vehicle operators

The Supreme Court's judgement in D.E.L.T.A. Merseyside Limited and another v. Uber Britannia Limited, delivered on 29 July 2025, has clarified fundamental questions surrounding private hire vehicle (PHV) operational structures and contractual obligations. The ruling addresses whether the Local Government (Miscellaneous Provisions) Act 1976 mandates operators to enter immediate hire contracts when accepting passenger bookings.

The case originated when Uber Britannia Ltd (UBL) sought declaratory relief from the High Court, arguing that the 1976 Act required all PHV operators to adopt a direct contractual model with passengers. This position initially succeeded at first instance, with the High Court accepting UBL's interpretation. However, the Court of Appeal subsequently overturned this decision, prompting UBL's appeal to the Supreme Court.

Statutory interpretation and legislative framework

Lord Briggs, delivering the leading judgement alongside Lords Reed, Leggatt, Stephens, and Lady Simler, examined the historical context and purpose of the 1976 Act. The Court recognised that prior to this legislation, PHV operations remained largely unregulated, with operators traditionally able to accept bookings through various models without assuming direct contractual liability.

The Supreme Court identified two principal operational frameworks that existed before and after the 1976 Act: the agency model, where operators act as intermediaries between drivers and passengers, and the direct hire model, where operators contract directly with customers. Crucially, the Court found no statutory language within the 1976 Act that explicitly prohibited the continued use of agency arrangements.

UBL's central argument rested on the proposition that public safety considerations and regulatory consistency required all PHV operators to enter direct hire contracts. However, the Supreme Court concluded that whilst such concerns might inform policy considerations, they could not override the clear statutory interpretation of the existing legislative framework.

Regulatory flexibility and operational diversity

The judgement emphasises the 1976 Act's intention to accommodate various operational structures within the PHV sector. Lord Briggs noted that the legislation's drafting suggested Parliament intended to regulate PHV operations whilst preserving flexibility in business models, rather than mandating uniform contractual arrangements.

This interpretation proves particularly significant given the evolution of technology-enabled transport services. The Court recognised that rigid contractual requirements could potentially stifle innovation within the sector whilst failing to achieve the underlying regulatory objectives of passenger safety and service accountability.

Precedential implications

The Supreme Court's decision upholds the Court of Appeal's reasoning and establishes important precedent regarding statutory interpretation in transport regulation. The judgement demonstrates judicial reluctance to infer mandatory contractual obligations where Parliament has not expressly provided for such requirements.

This approach aligns with established principles of statutory construction, particularly the presumption against implying terms that would fundamentally alter established commercial practices without clear legislative direction. The Court's analysis reinforces that regulatory frameworks should be interpreted according to their express terms rather than perceived policy objectives.

Commercial and regulatory consequences

The ruling preserves operational diversity within the PHV sector, allowing companies to maintain various business models whilst remaining compliant with licensing requirements. This flexibility proves crucial for technology platforms that operate across multiple jurisdictions with varying regulatory approaches.

The judgement also clarifies that compliance with PHV licensing requirements does not necessarily require adoption of specific contractual structures. Operators must ensure appropriate insurance coverage and regulatory compliance regardless of their chosen operational model.

The Supreme Court's decision in Delta v Uber reinforces the principle that legislative clarity remains paramount in regulating evolving transport services. By rejecting attempts to impose uniform contractual obligations through judicial interpretation, the Court has preserved the regulatory flexibility that enables diverse operational models within the contemporary PHV sector. This landmark judgement will significantly influence how private hire operations structure their services whilst maintaining compliance with existing regulatory frameworks.