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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Another country
Much has happened in the last few weeks: a new government, a new Prime Minister. A break with the last 14 years. Of course, all politicial careers end in failure, and in a few years, or a decade an exhausted Labour party will be voted out of office, to be replaced by the freshly scrubbed…
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Fact management
In a county court trial, fact management is a critical skill for junior barristers. But it is in reality a critical skill for all lawyers, who do not wish to have their clocks cleaned by their opponents, who have been more diligent in reading into a case and understand the true import of the evidence. …
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Case analysis, theory and strategy
Most of the blogs that I write for this website, are concerned with matters of substantive law, an interesting new case, or a polemical piece, as I vent my spleen on the web about some perceived inefficiency of shortcoming in the courts. But a lot of junior lawyers read this blog, perhaps unsurprisingly, as credit…
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It was not there
When I started undertaking credit hire cases in the 1990s, the arguments of the day included the issue of enforceability, and in particular terms, whether a credit hire agreement was enforceable in that it complied with the Consumer Credit Act 1974 and the statuory regulations made under that Act. If it did not, the agreement…
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The living legends
Next week, on Tuesday 23rd April 2024, the living legend that is Kevin Latham and I will be giving a Zoom seminar on current issues in clinical negligence costs. As the blurb has it: In this timely seminar, Andrew Hogan and Kevin Latham review current issues in clinical negligence costs, including fixed costs, the increasing trend towards ADR, hourly…
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300
And just like that, another month has rolled around. In the next few months, I shall be expanding the topics on this blog to include some thoughts on legal skills, the use and abuse of expert evidence, and the some of the interesting works out there which deal with psychology, strategy and the art of…
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Bullet points
One of the potentially useful characteristics of ChatGPT is that I can upload document files to it, and ask it to analyse and summarise those files for me. The case of Deutsche Bank v Sebastian Holdings and Vik has been to the Court of Appeal (again) this month, and a copy of the judgment can be found…
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The role playing game
One of the features of ChatGPT which illustrates its flexibility, is that you can use roleplay to inform its responses. Let me explain what I mean by that. Because ChatGPT works in an iterative way, you can interrogate it, and refine its answers or expand the scope of your enquiry at will. But you can…
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.