Dimond v Lovell [2000] UKHL 27 – Law Journals

Credit Hire: Defendants in pole position as Court of Appeal gives objective test for basic hire rates

Patrick West looks at the latest guidance from the Court of Appeal on basic hire rates in credit hire cases ‘The key issue for the parties in such cases will be to ensure they have a credible rates survey before the court to persuade it that their rates are more representative.’Not for the first time …

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Credit Hire: End of the road for impecuniosity?

Patrick West looks at Opoku v Tintas, which provides some encouragement for defendants ‘In Lagden, the House of Lords held that, faced with an injured party whose expenditure in mitigation had been augmented by his impecuniosity, a judge was entitled to take into account the claimant’s lack of means.’ For defendant insurers and solicitors, credit …

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RTAs: Comprehensive insurance, courtesy cars and credit hire

Andrew Hogan examines issues regarding mitigation ‘Those representing claimants have argued successfully that because independently purchased insurance benefits are to be regarded as res inter alios acta, they may not be relied upon by a defendant tortfeasor to reduce or extinguish his liability to the claimant.’ Some credit hire claims, particularly where the claimant is …

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Credit Hire: Bent back to basics: end of the spot hire rate

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Vaughan Jacob reviews the practical implications of the decision in Bent v Highways and Utilities Construction ‘A claimant can claim interest if they have proved that they have suffered loss of money by reason of the defendant’s tort, subject to remoteness and a failure to mitigate.’On 24 November 2011, the Court of Appeal handed down …

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RTA: Consumer contracts

Andrew Hogan investigates credit hire agreements in view of Chen Wei v Cambridge Power and Light Ltd ‘Even if an agreement is unenforceable in the sense that a money judgment cannot be obtained against the debtor, it does not necessarily follow, in 2011, that the rule against double recovery would be offended if the hirer …

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