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 Poor Law
The issue of whether it was appropriate to take into account a motorist’s personal financial circumstances when deciding whether he could recover the full credit hire rates or was limited to spot hire rates was revisited by the House of Lords in the case of Lagden v O’Connor [2004] 1 AC 1067. The essence of…
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Evolving arguments: Clark v Ardington [2003] QB 36
A number of conjoined cases proceeded to trial before HH Judge Harris QC and then were determined by the Court of Appeal in a number of appeals heard at the same time and known familiarly as Clark v Ardington[2003] QB 36. The cases involved considerations of the enforceability of the credit hire agreements in those cases,…
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Musical accompaniment
I have now added a musical accompaniment to the site, to get you in the mood for the tales of conflicts and bitterly fought litigation to come. The tune is of course, the Battle Hymn of the Marines. The clean version of the lyrics is below, if you feel like singing along. From the Halls of Montezuma…
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Enforceability and measure of loss
The issue of the recoverability of credit hire charges returned to the House of Lords in the case of Dimond.v.Lovell in the House of Lords [2002] 1 AC 384 some years later. Pursuing the appeal to the House of Lords was a mistake on the parts of the credit hire companies: although they had lost on…
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Credit hire: the beginning
The credit hire industry developed from the 1980s onwards as a result of the simple fact that many innocent but impecunious victims of road traffic accidents, whose cars were damaged or destroyed found themselves inconvenienced and undercompensated. The poorer echelons of society, use vehicles of modest value, insured on a third party only basis, which…
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Welcome to Credithirebarrister.com
Welcome to Credithirebarrister.com. For nearly 20 years, I have been undertaking credit hire litigation in the county courts and the appellate courts. On this website I shall seek to draw together in one place numerous articles, papers, lectures and seminars I have written on credit hire law and practice over the years and the related…
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.