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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Reform of section 147 Road Traffic Act 1988 and delivery of insurance certificates
Section 147 of the Road Traffic Act 1988 has been heavily amended by section 9 and Schedule 3 of the Deregulation Act 2015, which with effect from 30th June 2015. There is no longer a requirement to “deliver” a motor insurance certificate, for liability to accrue under section 151: all that is required now is…
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Third party liabilities and section 152 notices
One of the perennial bugbears of insurance companies is when to their horror, they find they are fixed with a liability to satisfy a judgment obtained against someone other than their insured, or against their insured when as a matter of contract law they would have a cast iron case to repudiate indemnity. Such is…
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Non party costs applications and credit hire companies
An important issue in credit hire litigation if a claim fails, is the extent to which a successful defendant, can either enforce its claim for costs against a claimant, or seek an order for non party costs against the credit hire company. An interesting judgment was handed down earlier this year, on that issue. Running…
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Fraud, findings and credit hire
Its always a pleasure to go to the Court of Appeal. The judges are bright, focused and polite. The work is interesting. And the cases which are decided there, add incrementally to the store of binding precedents, which raise the law slightly higher each year, like a metaphorical legal coral reef. Last week judgment was handed…
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Taxis, taxi drivers and credit hire claims
How quickly the weeks fly by. Since my return from a brief break in late May, there seems to have been very little time to update this blog, as the cases have come thick and fast. So after a two month hiatus, in terms of posts it is time to consider claims brought by taxi…
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Credit hire and bailees in possession
One of the issues that frequently arises in credit hire claims, is the accident which takes place when a vehicle is being driven by someone other than the true owner, either with his permission or by reason of the vehicle having been hired out. In such circumstances, the ancient English principles of title come into…
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No insurance ? No MOT ? No problem
From time to time, claimants in credit hire cases, are found to have been driving their cars, without insurance, or without an MOT or without a licence. Do such offences act to bar the claimants from recovering hire charges? In the case of Agheampong -v- Allied Manufacturing London Limited (Judgement 30th June 2008 HHJ Dean…
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Musical accompaniment 3
Another month, another series of posts on matters pertaining to credit hire law and practice. This month, we return to the 1980s, with a reimagining of the Guns n Roses classic, Sweet Child O’ Mine, which plays curiously well, with the violin taking lead.
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.