Litigation privilege protects documents created to conduct litigation, not documents created to decide whether to pay for it. That was the message from the Commercial Court in White & Ors v Uber London Ltd & Ors [2026] EWHC 1610 (Comm), and it has real consequences for anyone bringing, funding or defending a claim. Now Mr Justice Birt’s preliminary issue limitation judgment has been handed down ([2026] EWHC 2651 (Comm)) – we have prepared this short update for our clients on the key points to take away.
What happened?
Black cab drivers, and the assignee of two private hire companies, sued Uber for unlawful means conspiracy, alleging that Uber obtained its London operator licence through fraudulent misrepresentation. Uber denied the claims. The claims were issued in 2024, after the primary six-year limitation period had expired, so the claimants relied on section 32 of the Limitation Act 1980 (fraud and deliberate concealment). A preliminary issue trial was listed to decide when the claimants discovered, or could with reasonable diligence have discovered, the alleged fraud.
The twist: before any driver had instructed them, the claimants’ solicitors had been engaged in December 2017 by litigation funder Harbour to investigate potential claims against Uber, including through discussions with the Licensed Taxi Drivers’ Association (LTDA). Uber sought disclosure of that “Harbour” material, arguing it would show what was known, and what was discoverable, before June 2018.
What did the court decide on disclosure?
The ruling was given orally, around two weeks before the preliminary issue trial. A late-stage disclosure fight is exactly what no party wants.
The sequel: claims time-barred
On 19 October 2026, Birt J handed down judgment on the preliminary issue, [2026] EWHC 2651 (Comm), and dismissed the claims, brought by nearly 13,300 claimants, in their entirety as time-barred.
The decisive material was public: TfL’s September 2017 decision letter, published by the LTDA on 20 December 2017, together with other publicly available material, was enough to plead the claim, so the claimants did not need to wait for the licensing appeal in June 2018.
In short, the disclosed Harbour-era documents did not decide the case, but they filled in an unhelpful picture for the claimants.
What should Disputes clients take away?
The individual facts and the timeline will always be important – but here are some overarching principles to bear in mind:
Comment
White v Uber is not a revolution. It follows a consistent line of authority that distinguishes between conducting litigation and the commercial decisions that surround it. But with third-party funding now a routine feature of the disputes market, it is a timely reminder that privilege must be planned for, not assumed.
If you are considering a funded claim, facing one, or want a privilege health-check on an existing matter, please get in touch with our Disputes team.
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