Articles
This site contains a substantial collection of writing on credit hire law and practice, developed over the past decade. The emphasis is practical: what the authorities mean, how the rules operate and where the real risks lie.
The latest specialist analysis appears below. If you are looking for a particular issue, the four gateways provide a quicker route into the archive.
Older articles should be read in the context of the law at the date of publication.
Damages
Impecuniosity, basic hire rates, need, period, mitigation and the recoverable measure of loss.
Agreements & Regulation
Enforceability, contractual liability, misrepresentation, credit hire and credit repair agreements, illegality and regulatory issues.
Evidence & Commercial Vehicles
Witness and documentary evidence, procedure, dishonesty, taxis, private hire vehicles, fleets and profit-earning chattels.
Evidence & procedure · Dishonesty & fraud · Taxi, fleet & commercial
Appeals & Costs
Appellate principles, QOCS, non-party costs orders and the procedural and costs consequences of credit hire litigation.
Recent analysis
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The whole of the claim
From time to time, in the aftermath of a road traffic accident, parts of the claim will often be pursued simultaneously by a number of agents acting on a claimant’s behalf. The usual division is between a personal injury claim including general damages for pain suffering and loss of amenity and consequential loss claimed as…
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Buddy, can you spare a dime?
This year, as part of my ongoing efforts to support pro bono assistance to those who can’t pay for legal advice and assistance, I am going to run/walk/crawl as the case may be a 13 mile section of the Trent Valley Way near Newark on 12th September. Although it will be very good for my…
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Mercier and Camier
One of the hoariest of questions in credit hire litigation is the issue of the correct approach to comparative rates evidence. From time to time, the courts hand down a new case, which rather than creating anything fresh and exciting can be compared to that reliable culinary standby, the pot of cabbage soup that is…
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Another country
One of the issues that used to arise from time to is whether the Motor Insurers Bureau was liable to compensate a claimant who was injured by a motor vehicle, in an accident occurring neither on a road nor in a public place. Since the decision in Motor Insurers’ Bureau v Michael Lewis (A protected…
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The Fourth Dimension
Are credit hire trials about to stage a renaissance? The Designated Civil Judge in Birmingham has issued guidance as follows: 2. Trials of Fast Track cases Fast Track trials listed in April and May were vacated. It is intended to return to hearing Fast Track trials remotely from 1 June 2020, and it may be…
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Kings in the North
I am pleased to announce that with immediate effect I have joined Kings Chambers in Manchester, Leeds and Birmingham. Although I am sad to leave Ropewalk Chambers in Nottingham and all my friends there, I am excited to be moving onto a new challenge as part of the common law team at an outstanding set…
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A nice cold pint in The Winchester
Take car. Go to mum’s. Kill Phil, grab Liz, go to the Winchester, have a nice cold pint, and wait for all of this to blow over. How’s that for a slice of fried gold? -Shaun (of the Dead) In the last 6 weeks credit hire trials, whether on the Fast or Multi-track, have been…
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Black cabs, dark hearts
From time to time, points of indemnity cover under section 145 of the Road Traffic Act 1988 arise in very hard cases. One such recent case is that of Carroll v QBE Insurance and others [2020] EWHC 153 (QB). The facts are as follows: 1. The Claimant, Neil Carroll, suffered catastrophic head injuries in the…
Researching an issue in a current case?
If the point arises in substantial litigation or an appeal and you would like specialist advice, please contact my clerks at Hailsham Chambers.