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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Christ of St John of the Cross
When I was 10 years old, I was given a Religious Studies textbook. The front cover was illustrated with a picture of the painting Christ of St John of the Cross, painted by Salvador Dali. If you have not seen this picture before, let me show you a copy of it: he painted it in…
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The hard stuff
2024 is the year when the use (or abuse) of artificial intelligence (AI) will become a real issue for the legal profession. A sign of the times is that the Bar Council has recently published a document containing what is emphatically not guidance, nor legal advice, which sets out a number of points on the…
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Getting real
I have neglected this blog in recent months, as my time has been spent elsewhere. But I have been considering ideas for articles and drawn up a plan now, which will be implemented in the weeks and months to come. There have been some interesting recent developments in credit hire but also a need to…
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Facing facts
A New Year has arrived, and indeed January is now half over. The pace of change is accelerating and we are rocketing towards spring. Time seems to get faster every year. Or perhaps more truly my perception of time is that it gets faster, as I am getting older. I comfort myself that there is…
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Daft Punk
Continuing the theme of Artificial Intelligence (AI), an interesting case decided this year was that of Amjad v UK Insurance [2023] EWHC 2832 which concerned an appeal over questions of QOCS and the application of the costs rules, in the context of a credit hire claim. Normally I would seek to write a blog post…
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Natural intelligence
One of the topics that I am currently investigating is artificial intelligence. I have subscribed to ChatGPT4, and working my way through the new discipline of “prompt engineering”. And it may prove very useful over the longer term, as I am reasonably sure that AI will not prove to be a passing fad, but will…
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Judgment Day
I have been a barrister for nearly 30 years. In that time I have seen many trends, fashions, fads and changes. Some of lasting significance. Some of which have been and gone. Always however, is a constant of technological change. Take this blog for example. It was started in 2014. It would have been possible…
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Tuesday, Tuesday
One of the hardy old chestnuts of credit hire practice, is the case that comes around, every few years concerning the application of the principle of illegality to a credit hire claim. I argue this point every two years or so. The seasons come and go. The authorities are refreshed, but the usual factual circumstances,…
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.