# Anti-Uber activist Russell Howarth ordered to pay $400,000 in legal costs



## KevinH (Jul 13, 2014)

http://www.smh.com.au/nsw/antiuber-activist-russell-howarth-ordered-to-pay-400000-in-legal-costs-20170709-gx7ivj.html
*Anti-Uber activist Russell Howarth ordered to pay $400,000 in legal costs*
The Sydney Morning News July 9, 2017 by Michaela Whitbourn

An anti-Uber activist who was slapped with a court order banning him from intimidating and harassing drivers has been ordered to pay almost $400,000 in legal costs, in the final chapter of a protracted court battle.

Russell Howarth, a self-proclaimed anti-Uber advocate who performed citizen's arrests in a campaign against the ride-sharing service, was permanently restrained by the Supreme Court in Aprilfrom threatening or harassing Uber drivers and users of the app.

Mr Howarth, an undischarged bankrupt, represented himself during the bulk of the proceedings while Uber was represented by three barristers including Sydney silk Bruce McClintock.

In a decision last week, Justice Michael Slattery ordered Mr Howarth to pay $391,152 in costs, representing about 60 per cent of Uber's total legal bill.

Justice Slattery said the barristers' fees alone were $433,564 and it was a "single strong indicator" that the amount sought by Uber was "not excessive".

The solicitors' fees were an additional $195,651 and other costs were just over $30,000.

Mr Howarth rose to prominence through a series of stunts starting in 2014 in which he would book an Uber ride and, when the transaction was complete, perform a citizen's arrest of the driver for breaching the state's Passenger Transport Act.

The law was subsequently changed in NSW in late 2015 to legalise Uber and other ride-sharing services.

In his judgment in April, Justice Slattery noted that "not every contravention of the law that a citizen witnesses will authorise the conduct of a citizen's arrest". . .

[ read the _full article here_ ]


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## Taxi Driver in Arizona (Mar 18, 2015)

That guy was an active poster here a few years ago, If I remember correctly.


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## ylneo (Aug 25, 2014)

wow


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## Lag Monkey (Feb 6, 2015)

Looks like America isn’t the only country that allows someone to be sued into the next glaxay. Lawyers are almost as bad as politicians!


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## SEAL Team 5 (Dec 19, 2015)

Damn Russell only needs to encompass the globe 16 times with an Uber pax to pay for his legal costs.


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## Strange Fruit (Aug 10, 2016)

Lag Monkey said:


> Looks like America isn't the only country that allows someone to be sued into the next glaxay. Lawyers are almost as bad as politicians!


And it makes littel sense to me. I mean, if I go out and "arrest" people, and follow and harrass them, I assume I'd just be arrested. Why does Uber spend half a million to sue him? Then again, I thought arrest meant to force a person into custody and the story, assumedly written by a human that knows everyone is thinking "what do u mean he arrested the drivers", did not explain.


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## Mars Troll Number 4 (Oct 30, 2015)

OK, even as an admitted shill

this guy went WAY overboard...d


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## 7Miles (Dec 17, 2014)

Yep, found him posting on this website 3 years ago:

https://uberpeople.net/threads/this...ed-in-sydney-citizens-arrest.5113/#post-58698


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## Another Uber Driver (May 27, 2015)

Lag Monkey said:


> Lawyers are almost as bad as *worse than* politicians!


FIFY

This guy has filed for bankruptcy before the trial even began. Uber plans to get its money how___________________________?


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## Michael - Cleveland (Jan 1, 2015)

Another Uber Driver said:


> Uber plans to get its money how___________________________?


by letting him 'drive it off' ?


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## Another Uber Driver (May 27, 2015)

Michael - Cleveland said:


> by letting him 'drive it off' ?


They might have to have him do it on Uber Black. If he tries to do it on X, he might be finished by 2125.


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## tohunt4me (Nov 23, 2015)

KevinH said:


> http://www.smh.com.au/nsw/antiuber-activist-russell-howarth-ordered-to-pay-400000-in-legal-costs-20170709-gx7ivj.html
> *Anti-Uber activist Russell Howarth ordered to pay $400,000 in legal costs*
> The Sydney Morning News July 9, 2017 by Michaela Whitbourn
> 
> ...


That should adjust his attitude.
Pay up Russel !



Strange Fruit said:


> And it makes littel sense to me. I mean, if I go out and "arrest" people, and follow and harrass them, I assume I'd just be arrested. Why does Uber spend half a million to sue him? Then again, I thought arrest meant to force a person into custody and the story, assumedly written by a human that knows everyone is thinking "what do u mean he arrested the drivers", did not explain.


Its a wonder no one " accidentally" backed over him.



SEAL Team 5 said:


> Damn Russell only needs to encompass the globe 16 times with an Uber pax to pay for his legal costs.


23 times.
Uber gets 25%


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## Rakos (Sep 2, 2014)

That would be the ultimate solution...

Order him to drive Uber X...

For a couple of years...

Turn about IS fair play...8)

Rakos


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## uber fool (Feb 3, 2016)

I would of love to run into this moron I would have elbowed him in the throat


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## UberLaLa (Sep 6, 2015)

The really nice thing about both the U.K. and Australia, they both hold the _Losing Party _responsible for the _Winning Party's_ legal expenses. Cuts way down on frivolous law suits.


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## Blatherskite (Nov 30, 2016)

Another Uber Driver said:


> This guy has filed for bankruptcy before the trial even began. Uber plans to get its money how___________________________?


If he filed before the trial, then he's out of luck listing anyone new as a creditor, including anyone he's fighting in court.


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## Cableguynoe (Feb 14, 2017)

Another Uber Driver said:


> FIFY
> 
> This guy has filed for bankruptcy before the trial even began. Uber plans to get its money how___________________________?


They might never get it. But they just made sure he never will have money


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## Ca$h4 (Aug 12, 2015)

Australia is another back water Banana Republic like the USA. France has an element of self-respect.

*Uber France Leaders Arrested For Running Illegal Taxi Company*

*https://techcrunch.com/2015/06/29/everledger/*


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## UberSolo (Jul 21, 2016)

KevinH said:


> http://www.smh.com.au/nsw/antiuber-activist-russell-howarth-ordered-to-pay-400000-in-legal-costs-20170709-gx7ivj.html
> *Anti-Uber activist Russell Howarth ordered to pay $400,000 in legal costs*
> The Sydney Morning News July 9, 2017 by Michaela Whitbourn
> 
> ...


Courts are sending a message Never show up in a courtroom without competent representation. 
Howarth choices are, BK or to go deeper into the situation and continue the fight, eat a gun or move to Albania


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## Rat (Mar 6, 2016)

Another Uber Driver said:


> FIFY
> 
> This guy has filed for bankruptcy before the trial even began. Uber plans to get its money how___________________________?


Bankruptcy only discharges old debt, not new debt


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## prop (Jul 10, 2017)

I hope the drivers turn around and file a lawsuit against him for false imprisonment. The law is in our hands as citizens, but you need to be very well versed in law to make a citizens arrest legally. And the most basic and universal rule for citizens arrest is that the crime committed must be a felony. Nearly all transportation violations are misdemeanors (off the top of my head, carjacking/hijacking are the only I can think of that are felonies). But lets be real, he just wanted attention.


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## Karen Stein (Nov 5, 2016)

So what was this guy's motivation? I doubt he was so vigilant in enforcing every regulation.

The cynic in me expects to learn that his ox was being gored somehow. That is, perhaps he had a stake in a cab company.

Inquiring minds want to know.


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## DeplorableDonald (Feb 16, 2017)

Another Uber Driver said:


> This guy has filed for bankruptcy before the trial even began. Uber plans to get its money how___________________________?


Let him drive it off. If I was forced to do that I would only do Boost rides so as to cost Uber as much money as possible...










Can you be charged for resisting arrest on a citizens arrest?


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## Tom Harding (Sep 26, 2016)

Lag Monkey said:


> Looks like America isn't the only country that allows someone to be sued into the next glaxay. Lawyers are almost as bad as politicians!


In many (if not most) cases politicians are lawyers


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## BurgerTiime (Jun 22, 2015)

Uber is the touch of bankruptcy.


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## Reversoul (Feb 8, 2016)

How in the world did this guy not get his teeth knocked out or even worse, killed?

If someone tried to arrest me they would be get their clock cleaned by a mag flash light that I keep right next to me. 

He should have been put in jail for kidnapping and false imprisonment.


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## prop (Jul 10, 2017)

DeplorableDonald said:


> Can you be charged for resisting arrest on a citizens arrest?


Actually, yes you can if that is a felony in the state, its usually just a misdemeanor though.


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## Red Leader (Sep 4, 2016)

I remember this guy. I said he was an idiot then. Glad he got what was coming to him.



prop said:


> Actually, yes you can if that is a felony in the state, its usually just a misdemeanor though.


Depends on the state. But if you are going to restrain someone over a citizens arrest, you best be extremely sure you are on solid ground.


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## KenJ (Dec 24, 2016)

SEAL Team 5 said:


> Damn Russell only needs to encompass the globe 16 times with an Uber pax to pay for his legal costs.


Actually, I just did some calculations, and he needs to make 182 roundtrips from Los Angeles, CA to New York City, NY and back to LA, but oops, I don't think Uber would allow him to drive for them, so he's gotta do Lyft!


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## Yam Digger (Sep 12, 2016)

Blatherskite said:


> If he filed before the trial, then he's out of luck listing anyone new as a creditor, including anyone he's fighting in court.


He hasn't been discharged of his debt yet


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## Imonous (Jun 18, 2017)

uber fool said:


> I would of love to run into this moron I would have elbowed him in the throat


My pistol can't differentiate between a citizens arrest and an attempted kidnapping. Seems to default to the latter scenario.


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## Ravi Shankar (Nov 27, 2015)

Uber merged with Yandex taxi in Russia


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## prop (Jul 10, 2017)

Red Leader said:


> I remember this guy. I said he was an idiot then. Glad he got what was coming to him.
> 
> Depends on the state. But if you are going to restrain someone over a citizens arrest, you best be extremely sure you are on solid ground.


Very true, in most states it's a common law standard and not explicit. Florida and Massachusetts are the only 2 states where it is explicitly in state law. And even then if the person is found not guilty, you have no legal recourse and are open to suit for wrongful imprisonment if you physically restrained them at all. Basically, its meant to allow citizens to defend and protect themselves and others from violent crimes like assault and battery that happen in front of them - not for arguing with uber drivers cause you're an ass.


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## Red Leader (Sep 4, 2016)

prop said:


> Very true, in most states it's a common law standard and not explicit. Florida and Massachusetts are the only 2 states where it is explicitly in state law. And even then if the person is found not guilty, you have no legal recourse and are open to suit for wrongful imprisonment if you physically restrained them at all. Basically, its meant to allow citizens to defend and protect themselves and others from violent crimes like assault and battery that happen in front of them - not for arguing with uber drivers cause you're an ass.


Let's take it one more step...wrt california.....

Citizens arrest pretty much mirror police officers powers of arrest with two exceptions, juveniles and felonies.

Felonies are the important one here. A cop can arrest you if he believes a felony has been committed. Probable cause and all that. With a citizens arrest, a felony MUST have been committed. Not just that you believe one has been comitted. Huge difference considering most people THINK they know the law and how it's applied as opposed to what it actually is.


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## prop (Jul 10, 2017)

Red Leader said:


> Let's take it one more step...wrt california.....
> 
> Citizens arrest pretty much mirror police officers powers of arrest with two exceptions, juveniles and felonies.
> 
> Felonies are the important one here. A cop can arrest you if he believes a felony has been committed. Probable cause and all that. With a citizens arrest, a felony MUST have been committed. Not just that you believe one has been comitted. Huge difference considering most people THINK they know the law and how it's applied as opposed to what it actually is.


It actually differs a lot more, police officers have power of arrest for misdemeanors committed in presence or misdemeanors which amount to a breach of the peace (even if not in presence) as well as are able to serve and execute due process (ie serve and arrest for a warrant). Police can also arrest for felony in presence and felony not in their presence but with probable cause. As citizens we only have the right to felony in presence arrest.

Its all very complicated, lawyer reccomended


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## Maven (Feb 9, 2017)

Ravi Shankar said:


> Uber merged with Yandex taxi in Russia


Yes, not sure how it relates to Russell, but see https://uberpeople.net/threads/ubers-collusion-with-russia-yandex.184337/


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## tohellwithu (Nov 30, 2014)

That's a surge pricing for him


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## Red Leader (Sep 4, 2016)

prop said:


> It actually differs a lot more, police officers have power of arrest for misdemeanors committed in presence or misdemeanors which amount to a breach of the peace (even if not in presence) as well as are able to serve and execute due process (ie serve and arrest for a warrant). Police can also arrest for felony in presence and felony not in their presence but with probable cause. As citizens we only have the right to felony in presence arrest.
> 
> Its all very complicated, lawyer reccomended


This is incorrect in California. parts of it work...but not the whole. Especially for misdemenors not committed in their presence. Minors, on the other hand, are a different case.

And no. In California, it's pretty simple.


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## Ben Hall (Apr 15, 2016)

Taxi Driver in Arizona said:


> That guy was an active poster here a few years ago, If I remember correctly.


you are one of the few left who would remember him.

I had met him, and he seemed ok.

I do recall he had a fare on a 9 surge that was around the $900 mark.



Karen Stein said:


> So what was this guy's motivation? I doubt he was so vigilant in enforcing every regulation.
> 
> The cynic in me expects to learn that his ox was being gored somehow. That is, perhaps he had a stake in a cab company.
> 
> Inquiring minds want to know.


he had been an uber black driver. His main gripe was that uber drivers were operating illegally.
after he had done his arrests he was involved with another chauffeur company called on tap.



Reversoul said:


> How in the world did this guy not get his teeth knocked out or even worse, killed?


he is in Australia, we have a little more restain down under


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## Reversoul (Feb 8, 2016)

Ben Hall said:


> you are one of the few left who would remember him.
> 
> I had met him, and he seemed ok.
> 
> ...


Fair enough. I always wanted to move to Australia.


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## ChortlingCrison (Mar 30, 2016)

Ben Hall said:


> you are one of the few left who would remember him.
> 
> I had met him, and he seemed ok.
> 
> ...


Poor Russell ! I wonder how he'll raise the 400K.


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## Leo. (Dec 27, 2015)

It's just banter m8


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## Cyber Snowflake (Jul 5, 2017)

.​At least the bloke had some balls.
Far more than the law enforcement and legislators who were suckered by travisty.
Everybody is happy with uber's progress aren't they?


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## Wil_Iam_Fuber'd (Aug 17, 2015)

This story goes a long way toward explaining how Uber has managed to blow $8 Billion in investor capital without turning a profit, lol.


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## melusine3 (Jun 20, 2016)

UberLaLa said:


> The really nice thing about both the U.K. and Australia, they both hold the _Losing Party _responsible for the _Winning Party's_ legal expenses. Cuts way down on frivolous law suits.


Very logical and as it should be. We hold no one accountable in the US. No one.


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