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Credit Hire Articles

Kevan & Ellis on Credit Hire, 4th Edition

Subscribers can access the full text of the book here.

September 2014

Back to Basics: Should Credit Hire be Stripped? - Gary Herring - Horwich Farrelly Solicitors
In Dimond v Lovell the House of Lords made it all seem so simple. In a case where the claimant sought hire charges in the princely sum of £346.63, it was held that a claimant who uses a credit hire service, even where doing so is perfectly reasonable, nonetheless cannot recover the...

July 2014

Editorial: Partial Admissions and Tactics for Allocation - Aidan Ellis, Temple Garden Chambers
In a claim for credit hire charges (or indeed any special damages) which slightly exceeds the small claims track limit, can the Defendant avoid the cost bearing fast track by making a tactical admission for part but not all of that item of special damage? That was the issue before the Court of Appeal in...

May 2014

Mitchell Reaches Hire? - Jasmine Murphy, Hardwicke
Eleven years on from the House of Lords' decision in Lagden v O'Connor [2003] UKHL 64 "impecuniosity" remains a hot topic in the world of credit hire. The Court of Appeal case...

April 2014

Editorial: How to Identify the Basic Hire Rate - Aidan Ellis, Temple Garden Chambers
In Stevens v Equity Syndicate Management Ltd [2014] EWHC 689 (QB), Burnett J reviewed the authorities and discussed the right approach to identifying the Basic Hire Rate in a credit hire case. His analysis will assist County Courts in the many credit hire cases where the court is asked to...

Impecuniosity and Failure to Mitigate - Aidan Ellis, Temple Garden Chambers
The Court of Appeal has not lost its ability to surprise in credit hire cases. In Zurich Insurance Plc v Umerji [2014] EWCA Civ 357, it had to grapple with the reasonableness of a substantial credit hire claim. Its judgment contains vital practical guidance about the meaning of a debarring order in relation to...

Out of ‘Control’? Credit Hire and CPR Part 31 - Gary Herring, Horwich Farrelly Solicitors
Disputes relating to disclosure remain an enduring feature of credit hire litigation and, largely to the understandable annoyance of the judiciary, are the source of much satellite litigation. It is perhaps not difficult to understand why this is so, given that a claimant and a defendant’s interests will generally be diametrically opposed. A defendant’s key objective will always be to

March 2014

Credit Hire and Storage Fraud - Andrew Mckie, Clerksroom
Chapter 6 of 'RTA Allegations of Fraud in a Post-Jackson Era: The Handbook' by Andrew Mckie. Credit hire and storage claims are proving some of the most difficult matters for Courts to adjudicate upon. With credit hire and storage fraud on the increase, Claimant and Defendant firms must be alive to this type of fraud and how to spot it. A poorly investigated or prepared hire or storage claim, can cause the Claimant enormous difficulties at Trial or Disposal.

December 2013

Too Little, Too Late: Robertson v Dixon (In the Milton Keynes CC 19th April 2013) - Max Withington, Horwich Farrelly
The issue of enforceability of a hire agreement is often at the heart of credit hire disputes. It is perhaps a little surprising just how many credit hire agreements we see that are unsigned or signed after hire has ended. This leads to a shrewd defendant citing the case of Company Call Centre Technology Limited - v- Graham Sheehan...

Opoku v Tintas - Melanie Mooney, Keoghs
In handling credit hire claims it is always preferable to focus on obtaining clarity for issues where there is a degree of uncertainty for all parties dealing with the claims.

November 2013

Editorial: Challenging Period of Hire - Aidan Ellis, Temple Garden Chambers
Defendant Insurers have long been concerned that the duration of hire in some credit hire cases is unreasonable. But they have often been frustrated in their attempts to challenge the reasonableness of a particular period of hire because the law of mitigation places the burden of proof on the Defendant to establish that the Claimant...

July 2013

Editorial: Opoku v Tintas: Court of Appeal on Period of Hire - Aidan Ellis, Temple Garden Chambers
Challenging the period of hire in a credit hire case has always been a difficult issue for Insurers. In many credit hire cases it is the period of hire more than the daily rate that Insurers instinctively want to challenge...

April 2013

Credit Hire: Enforceability Update - Gary Herring, Keoghs LLP
Once the most contentious area of dispute between credit hire companies and insurers, arguments over the enforceability of credit hire agreements have subsided considerably since the landmark decisions in Dimond v Lovell and Burdis v Livsey. Credit hire organisations now without known...

March 2013

Establishing Need to Hire for Corporate Claimants - Aidan Ellis, Temple Garden Chambers
It has been clear since Giles v Thompson [1994] 1 AC 142 that need to hire a replacement vehicle following a road traffic accident is “not self-proving” (at 167D). In relation to individual claimants it is not hard to establish...

February 2013

Court of Appeal Decides Appeals on Autofocus Evidence - Aidan Ellis, Temple Garden Chambers
In Dickinson and others v Tesco Plc and others [2013] EWCA Civ 36, the Court of Appeal considered four appeals arising from credit hire cases in which the trial Judge based the assessment of the daily rate of hire wholly or partially on evidence put forward by...

Credit Hire One Year After Bent - Gary Herring, Keoghs LLP
The method of how a court will approach the assessment of the recoverable rate of hire in cases where a credit hire claimant is not impecunious is now dealt with primarily by reference to the judgment of the Court of Appeal in Bent v Highways & Utilities [2011] EWCA Civ 1384 ('Bent 2'). Whilst arguably the main change brought about by...

January 2013

Critical Choices in Credit Hire - Andrew Christon, Browne Jacobson
Life choices - we all make them on a daily basis. The Credit Hire world is no exception with CHOs and Insurers making tactical decisions on credit claims every day. Sometime we don't get those decisions right and the costs of the wrong choice can be significant...

Pleading Mitigation in Credit Hire - Craig Budsworth, Glaisyers Solicitors LLP
New cases in relation to credit hire have not been as prevalent these past few months but an element of change is now happening in respect of pleadings.

December 2012

Kevan and Ellis on Credit Hire, 4th Edition: Chapter Eight - Miscellaneous
The purpose of this chapter is to address additional heads of claim which the practitioner will frequently encounter in dealing with credit hire claims, including claims for interest on credit hire charges and claims for engineer’s fees. Further, the chapter concludes with a section summarising the law on champerty, which was the Insurers’ first big challenge to the credit hire industry but which is now only of historical interest.

November 2012

Kevan and Ellis on Credit Hire, 4th Edition: Chapter Seven - Other Enforceability Issues
In this chapter, we address other issues related to enforceability which may arise in relation to credit hire agreements whether by statute or at common law. These are: the Distance Selling Regulations; the concept of Unfair Relationships; the Unfair Terms in Consumer Contracts Regulations 1999; issues arising from signature of...

September 2012

Kevan and Ellis on Credit Hire, 4th Edition: Chapter Six - Cancellation of Contracts Made at a Consumer’s Home or Place of Work Regulations 2008
The Cancellation of Contracts made in a Consumer's Home or Place of Work Regulations 2008 ("the Cancellation Regulations") came into force on 1 October 2008. They give further effect to the Doorstep Selling Directive, and were enabled by the Consumers, Estate Agents and Redress Act 2007. In short they provide that, where the Regulations apply, the trader must give to the consumer a notice of their right to cancel the agreement. If this cancellation notice is not given, the Regulations provide that the agreement "shall not enforceable against the consumer".

August 2012

Kevan and Ellis on Credit Hire, 4th Edition: Chapter Five - Enforceability Issues: The Consumer Credit Acts
The purpose of this chapter is to discuss the enforceability of credit hire agreements under the Consumer Credit Act 1974 as amended by the Consumer Credit Act 2006.

July 2012

Kevan and Ellis on Credit Hire, 4th Edition: Chapter Four - Introduction to Enforceability
The next chapters are devoted to the vexed question of whether a particular credit hire agreement is enforceable in the light of various statutory and common law issues, which in particular dictate the form of consumer credit agreements.

Credit Hire and Storage Claims - Fraud and Credibility Concerns - Andrew Mckie, Clerksroom
Credit hire and storage claims are proving some of the most difficult matters for Courts to adjudicate upon. With credit hire and storage fraud on the increase, Claimant and Defendant firms must be alive to this type of fraud and how to spot it. A poorly investigated or prepared hire or storage claim, can cause the Claimant enormous difficulties at Trial or Disposal. This article looks at some of the most common ‘concerns’ with hire and storage claims and how to tackle them.

June 2012

Kevan and Ellis on Credit Hire, 4th Edition: Chapter Three - Mitigation of Loss
A further way for Defendant Insurers to attack credit hire charges is to argue that the Claimant has failed to mitigate his loss. In short, that the Claimant has acted unreasonably. In assessing the strength of arguments based on mitigation of loss it is important to start with a firm grip on the general principles of mitigation. We will summarise them first.

Challenging the Cost of Accident Repair - Tim Kevan
High court judge rules in Coles v Hetherton on how far a defendant can go in questioning the cost of repairs done to a claimant’s car both generally and when arranged by an insurer.

May 2012

The Need to Hire in Credit Hire Cases - Jason Prosser, Credit Hire Advocacy Services
There can surely be few, if any, defences filed in a credit hire action which do not “put the claimant to proof” of need for a hire vehicle. Equally, when the claim involves a prestige or sports vehicle the claimant will be put to proof of the need to hire a vehicle of that particular standard or specification. In the words of Lord Mustill in Giles v Thompson [1994] 1AC:

April 2012

Kevan and Ellis on Credit Hire, 4th Edition: Chapter Two - Impecuniosity
In this chapter, we will consider the analysis of impecuniosity in the leading case of Lagden v O’Connor, with particular emphasis on the definition of impecuniosity and the practical implications of this issue.

Common Courtesy - Jason Prosser, Credit Hire Advocacy Services
One issue which periodically comes before the courts in credit hire cases is that of the availability, to the claimant, of a courtesy vehicle. The traditional courtesy car is one offered by a repairer to his customers, free of charge, in order to attract their custom. In the credit hire context, however, the issue more often arises when the claimant has the possibility of obtaining a replacement vehicle as a benefit under his motor insurance policy or in association with it.

March 2012

Kevan and Ellis on Credit Hire, 4th Edition: Introduction
The death of credit hire litigation has been predicted rather often. After each new higher court case, there is a tendency to imagine that all issues have been conclusively resolved, facilitating the negotiated settlement of the majority of cases. And yet credit hire litigation continues. Indeed it prospers, to the concern of many County Court Judges. It is no exaggeration to say that credit hire cases, often on similar issues in low value cases, come before the courts every day. Partly, this is due to the relentless tide of new statutory instruments affecting consumer credit. Partly, it is simply because many of the issues that arise turn on the facts of individual cases.

Kevan and Ellis on Credit Hire, 4th Edition: Chapter One - Rates
“the major protection for the defendant and his insurers is that the claimant can only recover the ‘spot’ or market rate of hire”. So spoke the Court of Appeal in Copley v Lawn in considering the proper scope of mitigation of loss in credit hire cases. It remains open to argument whether the Court of Appeal was correct to regard the protection of the spot or market rates as limiting the scope for traditional mitigation arguments. But far less contentious was the Court’s identification of spot rates as the major issue in current credit hire cases. With the reduction in the number of cases challenging the enforceability of hire agreements (at least under the Consumer Credit Acts), and the unpredictability of mitigation arguments, the focus has definitely shifted to arguments about the applicable daily rate of hire. It is no exaggeration to say that in recent years credit hire cases have been fought in the County Courts every day, often in circumstances where the applicable daily rate is the only real point of contention.

Recent developments in the world of Credit Hire - Mark Ashley, Pump Court Chambers
Pattni v First Leicester Buses Ltd [2011] EWCA Civ 1384. The issue in this appeal was the Claimant’s entitlement to interest on credit hire charges for the period between the end of the hire of the replacement car and the date of the judgment finalising the claim.

February 2012

Editorial: New Edition of Kevan and Ellis on Credit Hire - Aidan Ellis, Temple Garden Chambers
This month I have finally started work on a revised and updated edition of Kevan and Ellis on Credit Hire. The fourth edition will be published online through this law journal. The plan is to release a new chapter each month. I hope that this will be the start of a library of material available to subscribers through the pibulj website.

Copley Revisited Again - Jason Prosser, Credit Hire Advocacy Services
In the March edition of PIBULJ I reported on a decision of His Honour Judge Harris QC, Sayce v TNT, Cambridge County Court 25 January 2011, which appeared to cast doubt upon the earlier decision of the court of Appeal in Copley v Lawn and Madden v Haller [2010] 1 All ER (Comm) 890. In Copley the Court of Appeal found...

January 2012

Abbot v Long: Costs in Credit Hire Claims - Adam Gadd, Pump Court Chambers
The case of Abbot v Long [2011] EWCA Civ 874 will have important implications for costs arguments in credit hire cases. In particular, caution must be exercised where there is a risk that a claimant may not recover close to the amount claimed.

December 2011

Editorial: Basic Hire Rates - Aidan Ellis, Temple Garden Chambers
It turns out that for the last ten years we have all been misusing the term spot hire rates. The Court of Appeal in Bent v Highways and Utilities Construction and Allianz Insurance [2011] EWCA Civ 1384, prefers the term “basic hire rates” which apparently distinguishes the situation in credit hire cases from freight or charter hire. Apart from altering the language, has the Court of Appeal in Bent finally resolved the issues surrounding the identification of these basic / spot hire rates?

Bent: An Insurer Perspective - Gary Herring, Keoghs solicitors
The facts of the case are now reasonably well known. Darren Bent, an England footballer, hired an Aston Martin DB 9 from Accident Exchange as a replacement for his Mercedes Benz CLS 63 AMG Coupé which was damaged in an accident where he was not at fault in February 2007. He hired an Aston Martin DB9 from Accident Exchange for 94 days at the daily rate of £573.28 plus VAT, and brought a claim for the total of £63,406.90.

Bent: A Credit Hire Perspective - Steve Evans, Chief Executive of Accident Exchange
On 24 November, the Court of Appeal overruled the judgment handed down by Judge Plumstead in the matter of Darren Bent v Highways & Utilities Construction plc and Allianz Insurance plc in February 2011. In a victory for common sense, the presiding Lords provided clarity in a case which, they felt, allowed it to “review the basis upon which Courts determine the so-called 'spot rates' recoverable in this type of case.”

November 2011

Credit Hire: The Cost of Bent Metal - Jason Prosser, Credit Hire Advocacy Services
On 24th November 2011 the Court of Appeal handed down a single judgment, [2011] EWCA Civ 1384, in two cases, Pattni v First Leicester Buses and Bent v Highways and Utilities Construction, of considerable interest to those involved in credit hire litigation.

October 2011

Credit Hire Agreements: Recent Cases - Kenneth Delaney, Atlantic Chambers
In what is the latest of a series of contractual points taken by defendants in an attempt to avoid paying for credit hire claims, insurers have sought to rely upon the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008. Defendants argue that if a claimant signs a hire agreement as a consumer at home or at work and during the course of a visit by a trader (the delivery driver) the hire agreement is unenforceable under the regulations unless pursuant to regulation 7(4) the consumer is provided with a notice of his right to cancel the agreement at the time he signs it.

Credit Hire Legal Update - Alan Gilbert, Helphire
There are some important legal cases and developments which have been happening in the past few months and here Alan Gilbert (Technical Director, Helphire Group) has very kindly put pen to paper and prepared the following to inform and assist. In particular, those cases that are running are being heard the week commencing 3rd October.

September 2011

Editorial: The New Credit Hire
For a number of months the small claims track has been the forum for a series of disputes concerning repair charges claimed by RSA. Dubbed the new credit hire, the issue is particularly prone to arise in low value cases following liability admitted road traffic accident (a combination guaranteed to annoy District Judges). Many readers will be familiar with the contours of the dispute already. In support of the claim for the cost of repairs, the Claimant / RSA relies on a "breakdown of invoiced costs". The breakdown typically includes some unexplained charges such as "sundry allowances" including the mysterious "de-nibbing". Further, the amount of VAT does not add up. The Claimant / RSA refuses to disclose the actual repair invoice. Can the Claimant recover the amount shown on the breakdown of invoiced costs, even if it is higher than the actual cost of repairs?

Poor Little Rich Man - Jason Prosser, Credit Hire Advocacy Services
The issue of what rate of hire is recoverable by a claimant who has chosen to hire under a credit hire arrangement is the feature of credit hire litigation which must engage the courts more than any other.

August 2011

How to Value Loss of Use of a Vehicle - Nigel Edwards, Exchange Chambers
Whilst it is appreciated that most motorists, having been involved in a road traffic accident tend to hire a replacement, there are a significant minority who do not. The common approach applied by most Courts and Lawyers is to allow a loss of use claim at £10 per day and one can see this in Cabrini Deighan -v- Armstrong and other (2001) when the Court used this rate but there appears little direct relevant authority as to why this rate should be applied.

July 2011

W v Veolia Environmental Services (UK) plc. 2011 EWHC 2020 (QB) - Jason Prosser, Credit Hire Advocacy Services
The Cancellation of Contracts Made in a Consumer's Home or Place of Work etc. Regulations (SI 2008 1816 – the “Regulations”) again fell for judicial consideration in a judgement on 27 July 2011 in W v Veolia Environmental Services (UK) plc. 2011 EWHC 2020 (QB).

June 2011

McAteer v Kirkpatrick - Jason Prosser, Credit Hire Advocacy Services
One feature of the already lengthy and continuing forensic battle between credit hire companies and insurers is the small amounts of money usually involved in litigation which reaches the lofty heights of the appeal courts. In the conjoined cases most often cited as Clark v Ardington [2003] QB 36 for example, one of the amounts in dispute for hire charges incurred by one of the claimants, Dr Sen, was only £190.35. It is, of course, the vast numbers of individual credit hire claims and the aggregate effects on the profit and loss accounts of their protagonists across the length and breadth of the united kingdom that inspires such a phenomenon.

May 2011

The ups and downs of a premier league footballer - Jason Prosser, Credit Hire Advocacy Services
At this time of the year one might think that an article with such a title would be concerned with issues of promotion and relegation:: not so, this article is concerned with the various movement between lower and higher courts of a certain Darren Bent but I stress at the outset that this has absolutely nothing to do with super injunctions, rather the more mundane issues of credit hire.

April 2011

Chen Wei v Cambridge Power and Light Ltd - Jason Prosser, Credit Hire Advocacy Services
When the Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc. Regulations (SI 2008 1816 – the “Regulations”) came into force on 1 October 2008 they included a provision that non compliance, particularly failure to provide notice of cancellation in a prescribed form, would result in contracts to which they applied being unenforceable by the contracting trader against a consumer. These terms are similar to those considered in Dimond v Lovell [2002] 1 AC 384 which caused much consternation for credit hire companies...

March 2011

Copley Revisited: Sayce v TNT, Cambridge County Court 25 January 2011 - Jason Prosser, Credit Hire Advocacy Services
Some five or more years ago, in an effort to avoid having to meet credit hire charges, third parties and their insurers began to instigate a new tactic, namely to contact the victim of an accident and to offer to provide a replacement vehicle free of charge. This tactic became known as intervention...

April 2010

I have spent the week preparing to deliver a webinar on credit hire cases. I will admit that talking to the camera, without the benefit of audience reaction, is a daunting prospect. On the other hand the new media offers the opportunity to reach many more people than an ordinary seminar.

November 2009

Agency Arguments in Credit Hire: Recent Northern Irish Case - Aidan Ellis, 1 Temple Gardens
Agency arguments in credit hire cases remain largely unexplored. This article suggests that both Claimants and Defendants may now have to be prepared to grapple with them directly, as a result of the recent appeal decision in Salt v Helley 2009 NIQB 69. In that case a claim for credit hire charges was dismissed in its entirety because the credit hire company was found to have a conflict of interest, which breached its agency relationship with the Claimant.

August 2009

Credit Hire: Claiming a Contribution from the Claimant’s Insurer - Aidan Ellis, 1 Temple Gardens
In Clark v Ardington, addressing delays in repairs in credit hire cases, the Court of Appeal dismissed the Defendants’ arguments against the Claimants on period of hire...

July 2009

Credit hire cases continue to account for a large proportion of litigation in the County Courts. Many revolve around familiar issues such as the reasonableness of the period of hire, the Claimant’s ability to pay car hire charges and the evidence of equivalent spot hire rates. The cost of fighting these cases frequently seems disproportionate. After all the law has been settled since the well-thumbed cases of Dimond, Burdis and Lagden. However in practice, particularly in low value cases, there are chances for both sides and hence little incentive to compromise. Moreover given the size of both of the credit hire industry and the motor insurance industry, no doubt both sides find a firm stance in litigation is an essential aid in negotiating settlement in many more cases behind the scenes.

Mitigation: Offers of a Free Vehicle. - Aidan Ellis, 1 Temple Gardens
This is the first in a series of articles addressing recent credit hire decisions. It concerns the Court of Appeal decision in Copley v Lawn, which considered (1) whether it was a failure to mitigate for a Claimant to reject a Defendant’s offer of a free replacement vehicle and (2) if it was, what is the appropriate measure of damages.

January 2009

With the economic downturn at the end of 2008 having dramatic effects on high street retailers, house prices and savings rates, it seems natural to begin the New Year by asking what effect this recession will have upon legal practice.

December 2008

Credit Hire and Contra Preferentum - Aidan Ellis, 1 Temple Gardens
When arguing about the construction of a contractual term in credit hire cases, it should always be borne in mind by Defendants that they may potentially be able to preface their submissions by stating that if there is any doubt or ambiguity as to construction, the construction most preferable to the consumer, i.e. the Claimant, rather than the credit hire company should apply. In other words the contra preferentum rule should be applied. See Houghton v Trafalgar Insurance [1954] 1 QB 247.

October 2008

Credit Hire and the Unfair Terms in Consumer Contracts Regulations - Aidan Ellis, 1 Temple Gardens
Mention is occasionally made of The Unfair Terms in Consumer Contracts Regulations 1999 in credit hire cases and this article provides a brief rather than exhaustive guide to these regulations and how they might potentially apply.

September 2008

The new legal term has arrived. Many practitioners have returned from holiday to face burgeoning court lists. One area that continues to dominate small claims lists is credit hire. There will be a number of specialist articles addressing credit hire over the next three months. Without wishing to stray into their territory, it is worth drawing attention briefly to a couple of recent cases.

Credit hire and The Consumer Credit Act 2006 - Aidan Ellis, 1 Temple Gardens
The Consumer Credit Act 2006 was introduced because it was felt that the 1974 Act had not proved consumers with sufficient protection and it raises a number of issues which potentially may be of relevance to credit hire practitioners. This article looks at three such issues. First, the change in definition of regulated agreements. Second, the repeal of the provision making improperly executed agreements automatically unenforceable. Third, the new concept of "unfair relationships".

August 2008

Credit hire and collision damage waiver - Aidan Ellis, 1 Temple Gardens
Claims for credit hire are fraught with technical issues but one which often seems to be over-looked is the claims which are made for collision damage waiver (CDW). This article provides a brief guide to the main principles applied to this area.

The Role of the ABI GTA in Credit Hire Claims - Anthony Johnson, 1 Temple Gardens
The Association of British Insurers General Terms of Agreement (ABI GTA) is an accord between subscribing insurers and credit hire organisations (CHOs) which is intended to, amongst other things, simplify the process of settling credit hire claims by enabling claims to be settled quickly on terms agreeable to both sides.

May 2008

Last month I assisted Andrew Edis QC and Tim Kevan in presenting a webinar on credit hire. I will admit that presenting the webinar was a little daunting. It was my first experience of a proper recording studio, with all manner of technical support on hand. Apart from the speakers, there was only a cameraman in the room. At first it was hard to judge the pace and depth of the lecture, without being able to watch for audience reaction. However my nerves quickly disappeared upon reaching the familiar waters of failure to mitigate, impecuniosity and rates. I hope some readers have already been able to watch the results of our labours.

February 2008

Credit Hire: Is Internet Rates Evidence Good Enough? - Aidan Ellis, 1 Temple Gardens
As credit hire arguments continue to be fought in relatively low value cases, one issue is gaining increasing prominence on the small claims track. In order to prove spot hire rates, is it necessary for the Defendant to pay for an expert report or even for a witness to attend court?

December 2007

There has been another resurgence in credit hire litigation, including the return of some interesting enforceability arguments. Four years after the Court of Appeal clarified the law in Clark v Ardington, the stream of cases through the County Courts continues unabated.

November 2007

Credit Hire: Claiming a Contribution for delay by a Garage - Aidan Ellis, 1 Temple Gardens
Defendant insurers rarely take the opportunity to join a garage into proceedings. This article explores whether this is a viable option for Defendants.

October 2007

Does enforceability of a Hire Agreement Matter? - Aidan Ellis, 1 Temple Gardens
In Bee v Jenson [2007] EWCA Civ 923, the Court of Appeal had the opportunity to consider an issue of general importance in insurance law.

August 2007

Credit hire and courtesy cars - Tim Kevan, 1 Temple Gardens & Aidan Ellis, 1 Temple Gardens
Defendants in credit hire cases in the County Courts are frequently faced with the situation where, following a road traffic accident, a Claimant chooses to hire a replacement vehicle on credit, rather than getting a courtesy car through his own insurance. Defendants may wish to argue that this is a failure to mitigate or that the Claimant did not need a replacement hire vehicle at all.

April 2007

Implications of the Consumer Credit Act 2006 - Aidan Ellis, 1 Temple Gardens
The Consumer Credit Act 2006 introduces a range of changes to the Consumer Credit Act 1974. This article draws attention to three of the changes and their practical implications. Of particular interest is that some of the changes may impact on exempt agreements.

22 February 2007

Credit hire and impecuniosity - Tim Kevan, 1 Temple Gardens & Adian Ellis, 1 Temple Gardens
Credit hire has for a long while been a tricky area. First, there were the champerty disputes which were finally settled by the House of Lords in Giles v Thompson [1994] 1 AC 142 deciding that credit hire agreements were not unenforceable for this reason. Then there was the consumer credit dispute...

17 July 2006

Credit Hire: A Practical Guide - Tim Kevan, 1 Temple Gardens & Duncan McNair, Equity House
This article is aimed at those who are dealing with a credit hire case for the first time, or who have not been involved since before the major recent decisions.

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