Credit Hire
Case Law Resources
BURDIS v LIVSEY
There is a strong presumption that, absent misrepresentation, the claimant is bound by their signature on the credit hire agreement. (Para 111).
If a delay was caused by the garage to the claimant's vehicle being fixed then it remains the defendant’s responsibility as the garage is not the claimant’s agent. (Para 121).
COPLEY v LAWN
Where the defendant insurers send letters to the claimant stating that they will be able to provide a replacement vehicle and/or repairs for the claimant’s vehicle and the Court finds that the claimant acted unreasonably in refusing to accept the defendant’s offer, then the claimant will be limited to recovering the amount that the defendant insurer can show it would have paid for the hire of the vehicle.
PATTNI v FIRST LEICESTER BUSES LTD
Interest should not be claimed on credit hire charges. Advocates should be aware that interest will be recoverable in those cases where the charges have already been paid and will run from the date on which the charges were paid (persuant to Clark v Ardington, para 162).
STEVENS v EQUITY
The claimant is only entitled to recover hire charges at no more than the lowest reasonable rate quoted by a mainstream supplier or in the absence of this, a local reputable supplier within the claimant's geographical area.
It would not be reasonable for the claimant to incur the cost and inconvenience of the vehicle being re-assembled once disassembled, particularly during a short period of hire. (Para 7).