Summary of Recent Cases – Substantive Law


DAMAGES

Consideration Of The Application Of The Cancellation Of Contracts Made In a Consumer’s Home Or Place Of Work Etc. Regulations 2008 In An Assessment Of A Claim For Credit Hire Charges Of  £138,000

W  v.  Veolia Environmental Services (UK) Plc, QBD, 27/07/11

In assessing the amount of damages recoverable in a claim for credit hire charges amounting to some £138,000.00, HHJ Mackie QC was required to determine the applicability or otherwise of the Cancellation of Contracts Made in a Consumer’s Home or Place Of Work etc. Regulations 2008.  The claimant was said to have made a claim for the amount of the hire charges pursuant to an insurance policy supplied by the credit hire company, which claim had resulted in the insurance company paying the amount of the hire charges in full to the credit hire company, despite a £100,000.00 indemnity limit.   HHJ Mackie QC held that the claimant was entitled to recover the hire charges as claimed in full.   HHJ Mackie QC held that the claimant had mitigated his loss by hiring a car and ultimately in paying them (by making a claim on his insurance policy).   As the hire charges had already been paid, there was no risk of double recovery as the insurer is subrogated to the position of claimant both as a matter of contract and of the general law.  That the insurer had paid out in excess of the indemnity limit did not alter this position.    HHJ Mackie QC further approved the decision of HHJ Moloney QC in Chen Wei v. Cambridge Power & Light Ltd (unreported, 10 September 2010) as to the application and effect of the 2008 Regulations in credit hire cases.

August 19, 2011 · Editorial Team · Comments Closed
Posted in: Cases