26th Sep 2011
The claimant’s Bentley was damaged by the negligence of the defendant. The claimant entered into a credit hire agreement for a replacement vehicle. That replacement was delivered to the claimant at his house, and he there signed the credit hire agreement and entered into an insurance whereby he insured himself against the liability to pay the hire charges.
The insurers paid the hire charges to the hire company, and were subrogated to the claimant’s claim against the defendant. The defendant argued that the hire agreement was unenforceable under the Cancellation of Contracts Made in a Consumer’s Home or Place of Work Regulations 2008, on the basis that no notice of cancellation in writing had been given at the time of the making of the hire agreement.
HHJ Mackie QC accepted the claimant’s argument that the hire charges had been paid, and that the alleged unenforceability of the hire contract was therefore irrelevant. Equally he accepted that the claimant had no “duty” to dispute the validity of the hire contract by way of mitigation. He therefore awarded the full charges claimed.
Christopher Butcher QC appeared for the claimant.
The full judgment can be found here.