Summary of Recent Cases – Substantive Law


DAMAGES

No Damages Recovered In Respect Of Unenforceable Credit Hire Agreement

Wei v. Cambridge Power and Light Ltd, Cambridge County Court, 10/9/10

HHJ Maloney QC dismissed the claimant’s appeal against a decision dismissing his claim for credit hire charges. HHJ Maloney QC held that the Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc. Regulations 2008 did apply to the credit hire agreement in the instant case and that as the requisite notice of cancellation had not been provided to the claimant by the hire company, the agreement was unenforceable as against the claimant by the hire company. Applying Dimond v. Lovell [2002] 1 AC 384, as the hire agreement was unenforceable, no damages were recoverable from the defendant tortfeasor in respect of the hire charges.

October 19, 2010 · Editorial Team · Comments Closed
Posted in: Cases