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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Non party costs Orders and credit hire companies
One of the other areas of work that keeps me busy, is costs litigation. The gift that never stops giving, as I have been arguing costs points both for and against insurance companies for 20 years. I have another webpage I devote to all matters to do with costs litigation here: http://www.costsbarrister.co.uk. An interesting point that is…
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Keep it simple
Section 151 of the Road Traffic Act 1988, whilst a very useful provision for claimants is by no means a panacea and it can be important to understand its limitations. In certain circumstances an insurance company can avoid having to satisfy a judgment by reason of the existence of a black letter insurance law defence.…
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The dust behind the door
Fraud and credit hire sometimes seem to go hand in hand, and the reason is not hard to discern, it is the corrupting influence of money: whether that be grasping claimants lying about whiplash symptoms, organised criminal conspiracies of fraud rings seeking to commit insurance fraud, or professional witnesses instructed on behalf of insurance companies forging evidence…
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Sound and fury
An interesting case from a few months ago is the decision in the Court of Appeal in the case of Hamid v Khalid and Co-operative Insurance [2017] EWCA Civ 201. The case can be regarded on one level as a lineal descendant of Armstrong v First York Limited [2005] EWAC Civ 277 where Judge Stewart…
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The Blue Book
Long ago, in the mid 1990s the Nottingham County Court had a local practice direction, agreed by the District Judges, which amongst other things provided that witness statements should be exchanged in small claims cases and an for an infant approval hearing, an affidavit from the child’s solicitor setting out certain particulars was required. The…
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Order Selacchi
One of the more enduring problems created by credit hire claims arises from the sheer number of parties who can take an interest in the financial aftermath of a road traffic accident. Both motorists are likely to have road traffic liability insurers, the insurers may have claims handlers or verification agents, both insurers may instruct firms of solicitors to…
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The resurrection of John Doe
The recent decision of the Court of Appeal in the case of Cameron v Hussain and Liverpool Victoria Insurance Company [2017] EWCA Civ 366 made me chuckle, as I was originally instructed in the case to advise and argue the point. Here is a copy of my Skeleton Argument for the original appeal, from as long ago…
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A Question Time on Costs in Manchester on 28th June 2017
On 28th June 2017 I shall be chairing A Question Time on Costs at the Bridgewater Hall in Manchester. Booking details can be found here: http://ropewalk.co.uk/knowledge-sharing/events2 The event is free to attend and there will be generous hospitality. I hope to see some of you there.
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.