Dimond v Lovell [1999] EWCA Civ 1311 (29 April 1999)

Dimond v Lovell [1999] EWCA Civ 1311 (29 April 1999)

The car hire agreement was a regulated consumer credit agreement under the Consumer Credit Act 1974 and was unenforceable due to non-compliance with statutory requirements. As the claimant had no legal liability to pay for the hire, she suffered no recoverable loss and cannot claim damages for the cost of the replacement vehicle. The previous authority allowing such recovery (McAll v Brooks) is no longer good law after Hunt v Severs.

Citation
[1999] EWCA Civ 1311
Parties
Claimant/respondent: Vanessa Dawn Dimond; Defendant/appellant: R J Lovell
Jurisdiction
England and Wales
Judgment Date
29 April 1999
Procedural Posture
Appeal From County Court (sheffield) / Judgment on Appeal
Outcome
Appeal allowed; judgment for the claimant set aside.
Legal Topics
Consumer Credit Agreements, Damages for Loss of Use, Mitigation of Damages, Enforceability of Contracts, Car Hire Agreements
Contract Law Consumer Credit Law Tort Law Consumer Credit Agreements Damages for Loss of Use Mitigation of Damages Enforceability of Contracts Car Hire Agreements

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Parties

Vanessa Dawn Dimond

Claimant/respondent

R J Lovell

Defendant/appellant

Procedural Posture

Appeal From County Court (sheffield) / Judgment on Appeal

Legal Issues

  1. 1 Whether the car hire agreement was a regulated consumer credit agreement under the Consumer Credit Act 1974
  2. 2 Whether an unenforceable agreement precludes recovery of damages for loss of use
  3. 3 Whether the claimant failed to mitigate her loss by not seeking a cheaper hire

Ratio Decidendi

The car hire agreement was a regulated consumer credit agreement under the Consumer Credit Act 1974 and was unenforceable due to non-compliance with statutory requirements. As the claimant had no legal liability to pay for the hire, she suffered no recoverable loss and cannot claim damages for the cost of the replacement vehicle. The previous authority allowing such recovery (McAll v Brooks) is no longer good law after Hunt v Severs.

Court Disposition

Appeal allowed; judgment for the claimant set aside.

Orders

  • Claim for damages for car hire dismissed.