FAQs relating to the BULit21 Litigation Management Agreement (LMA)

What is the LMA?

The LMA is your authority and management agreement with RGL. Once it is signed, RGL can include you in the funding and insurance arrangements to progress your claim (as part of the BULit21 Group action) against Uber.

Why do I need to sign an LMA?

Signing the LMA will be an absolute requirement of the Litigation Funder and of the ATE insurers. If the LMA is not signed, you cannot be included in the BULit21 Group action going forward.

The address on my LMA is incorrect. What do I do?

The address shown on the LMA must be correct. We will have to email a new LMA. Please call 0800 177 7841 or email update@BULit21.com to provide your correct address.

Is this a ‘no win, no fee’ arrangement?

Yes. Only on success will fees be payable. RGL will arrange a third-party litigation funder to cover, on a non-recourse basis, all legal and other costs of the BULit21 claimants in pursuing their claims against Uber, i.e. if we lose, you pay nothing. RGL will also ensure that insurance is in place so that BULit21 claimants will not have to pay any “adverse costs” if the claim against Uber is not successful. i.e. If we lose, you pay nothing.

If I sign the LMA is there any risk I will have to pay anything?

No. RGL will arrange a third-party litigation funder to cover, on a non-recourse basis, all legal and other costs of the BULit21 claimants in pursuing their claims against Uber, i.e. if we lose, you pay nothing. RGL will also ensure that insurance is in place so that BULit21 claimants will not have to pay any “adverse costs” if the claim against Uber is not successful. i.e. If we lose, you pay nothing.

If my claim is not successful, will there be any cost to me?

No. If the litigation fails and Uber wins, the insurance will pay the ”adverse costs” claimed by Uber.

What happens if I don’t sign the LMA?

Then you cannot be part of the BULit21 group action going forwards, and you will not be able to share in the proceeds on success of the claim against Uber.

If I don’t sign, will I be able to benefit from RGL’s successful outcome?

No. That might apply in the case of a US-style “class action”. The English equivalent of a “class action” is the “group action”. Unlike in the US, participants in a group action must formally join the Court action by issuing and serving legal proceedings – in other words, you must “opt in”.

What should I do? Do you think I should sign the LMA?

We are not able to advise you, but just let us know if you need further clarification of any details of the LMA. If you still think you need advice, you must take your own independent legal advice.

How soon do I need to sign the LMA?

For your claim to be included in the BULit21 group legal action, we must have your signed LMA by Wednesday 5 June 2024.

If RGL decides not to progress a claim on my behalf, will there be any cost to me?

No.

If the amount of funding is not sufficient to cover the litigation, will I have to pay?

No. If you wish, you can read more about this on the main FAQs page of the BULit21 website.

Is it possible that the litigation could be successful but the amount awarded isn’t sufficient to cover some aspects of the costs incurred, so that I might have a financial liability?

No. If you wish, you can read more about this on the main FAQs page of the BULit21 website.

What happens next and how long will this all take?

Initially RGL had some catching up to do when BULit21 took over from Cabbie Group Action. Progress was also hindered by Covid-19.

More recently, things have started to move very quickly, with confirmation of some £14.7m of litigation funding announced in March 2024, along with associated insurance protections.

On 2 May 2024 RGL’s BULit21 Group issued its first Claim Form in the High Court in London, on behalf of 10,887 black cab drivers.

Reaching this stage has involved a very significant amount of legal analysis and drafting by our legal team, including solicitors Mishcon de Reya LLP. Further work is ongoing in relation to the preparation of the detailed Particulars of Claim, which are the formal “pleading” of claimant drivers’ legal claims. In time, Uber will respond (plead) in their formal “Defences”.

We expect additional claimants will be included on a second claim form – CF2 – which is due to be issued at Court sometime during June 2024.

On that basis, we may not be able to accept new claims after the end of May 2024.

Beyond then, timescales will become clearer when the substantive legal proceedings are commenced in Court and the claims subsequently come before a High Court Judge who will consider timeframes.

Our email newsletters will keep registrants and Claimants updated on progress.

I’ve never e-signed a document before. How do I do it?

It really is very straightforward to sign on your laptop, mobile phone, or other device. Just open the document by clicking on the link at the bottom of the email, then pop-up instructions will appear to guide you. We haven’t had anyone say they have struggled with it.

There are 3 ways you can sign. Just use whichever is easiest for you:

  • Type your name and it will appear in a hand-written style; or
  • Sign your name using your mouse (or by touch if you’re using a touchscreen); or
  • Upload an image of your signature from your computer or whatever device you’re using.
If we win, how much will I get?

Each individual claim will be different. An individual driver’s claim could run to £25,000 or more. However, the value of your potential claim will be analysed and evaluated in due course by RGL’s legal team at zero cost and zero risk to you. The £25,000 or more estimate is based on a black cab driver working full time during the period June 2012 to March 2018. It is an estimate of the average loss of such a driver, from an extensive analysis of a large sample of drivers’ accounts, undertaken by independent experts.

On success, a percentage will be deducted from the amount recovered to reimburse the monies spent on the claims by the funder, pay the insurance premium due to the insurers, pay the lawyers’ any deferred and success fees due, pay the funder’s profit element, and pay RGL’s administration costs. The driver will nonethleless receive the lion’s share. RGL is obliged under the LMA to secure a funding and insurance deal so that this share is no less than the previous funding arrangement offered to (and subsequently withdrawn from) the Cabbie Group Action, as shown in the worked example in the Appendix to your LMA. The exact percentage will be confirmed in a further example in the near future.

What is in this for the funder, insurers and RGL?

If your claim fails, the funder, the insurers and RGL will get nothing. If your and the other drivers’ claims are successful, a proportion will be deducted from the recoveries. This will be used to reimburse the monies spent on the claims by the funder, pay the insurance premium due to the insurers, pay the lawyers’ any deferred and success fees due, pay the funder’s profit element, and pay RGL’s administration costs. The driver will nonethleless receive the lion’s share. RGL is obliged under the LMA to secure a funding and insurance deal so that this share is no less than the previous funding arrangement offered to (and subsequently withdrawn from) the Cabbie Group Action, as shown in the worked example in the Appendix to your LMA. The exact percentage will be confirmed in a further example in the near future.

If BULit21 succeeds against Uber would it give the “green light” for Uber to continue its operations in London?

The BULit21 drivers’ claims will be legal claims for losses incurred between June 2012 and March 2018. Nothing else.

Succeeding against Uber will therefore prove nothing more (or less) than Uber caused black cab drivers to suffer these past losses. Succeeding will not provide Uber with any benefit for the future.

If or how Uber is licensed (or not) in the future is a matter for TfL – this cannot be determined by a case against Uber by black cab drivers for past losses.

More FAQs, not just related to the LMA, can be found on the main FAQs page of the BULit21 website

More information about the BULit21legal action can be found at www.dev.bulit21.com

 

Remember:

  • Cab Drivers signed up to RGL’s BULit21 action will be fully protected against any costs of losing
  • There is no cost or payment required at any point in our process until your case is successful, when a deduction is made from the proceeds (if not successful, you will pay nothing)
  • To become part of the BULit21 Legal Group Action against Uber you must sign the LMA