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29 May 2026
Issue: 8163 / Categories: Legal News , Transport , Arbitration , Employment , Liability
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NLJ this week: Uber’s legal shield faces scrutiny on both sides of the Atlantic

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Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales

Writing in NLJ this week, Lindsey Sasson, attorney at Hach & Rose LLP in New York, examines how arbitration clauses, class action waivers and ‘independent contractor’ classifications have helped Uber defeat negligence claims in the US.

American arbitrators have repeatedly ruled that drivers are not employees, relying heavily on contractual wording and Uber’s ability to force disputes into arbitration. Sasson says the company’s post-Epic Systems strategy transformed arbitration into ‘the primary instrument’ for managing litigation risk.

In England, however, Uber faces a more complicated framework because private hire licensing laws place obligations on operators as well as drivers. The UK Supreme Court’s ruling in Uber BV v Aslam also created a more ‘nuanced’ worker status test.

Despite these differences, Sasson argues Uber’s core approach remains the same: ‘push liability downstream to the driver’ wherever possible.

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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