Pattni v First Leicester Buses Limited; Bent v Highways and Utilities Construction [2011] EWCA Civ 1384 – Law Journals

Costs: The small claim that roared

Paul Jones gives a warning on the importance of weighing the value of a claim against the possible costs ‘The difference in costs payable for a small claim and the costs payable for a normal claim are substantial and it is, therefore, often worth it for the parties to argue the point.’ Arguments regarding small …

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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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Credit Hire: How to gain advantage

William Hibbert advises claimants and defendants on practice and procedure ‘An innocent claimant can recover damages for loss of use of his or her car even where a car is a non-profit earning chattel. Further, it is the duty of the claimant to mitigate that loss. Hiring a replacement car is such mitigation.’ Credit hire …

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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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