Steven Probyn v Sahr Noordin

Steven Probyn v Sahr Noordin

The Recorder erred in law by permitting the Claimant to advance a case on impecuniosity in breach of a debarring order, without proper application for relief from sanctions or adequate disclosure. The Claimant's case was not properly pleaded or supported by evidence, resulting in unfairness to the Defendant. The Recorder further failed to address the basic hire rate evidence and the appropriate period of hire absent impecuniosity. The appeal is allowed; the Claimant is limited to damages at the basic hire rate for 28 days as conceded by the Defendant.

Parties
Claimant/respondent: Steven Probyn; Defendant/appellant: Sahr Noordin
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Appeal Personal Injury / Credit Hire / High Court Appeal From County Court Final Order
Outcome
Appeal allowed. Recorder's order set aside in part.
Legal Topics
Credit Hire, Impecuniosity, Relief From Sanctions, Pleadings, Disclosure, Damages Assessment
Civil Procedure Personal Injury Contract Credit Hire Impecuniosity Relief From Sanctions Pleadings Disclosure +1 more

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Parties

Steven Probyn

Claimant/respondent

Sahr Noordin

Defendant/appellant

Procedural Posture

Civil Appeal Personal Injury / Credit Hire / High Court Appeal From County Court Final Order

Legal Issues

  1. 1 Whether the Recorder erred in law by failing to debar the Claimant from asserting impecuniosity after breach of a debarring order
  2. 2 Whether the Recorder erred in finding the Claimant was impecunious based on oral evidence not pleaded or disclosed
  3. 3 Whether the Recorder failed to give reasons regarding basic hire rate evidence

Ratio Decidendi

The Recorder erred in law by permitting the Claimant to advance a case on impecuniosity in breach of a debarring order, without proper application for relief from sanctions or adequate disclosure. The Claimant's case was not properly pleaded or supported by evidence, resulting in unfairness to the Defendant. The Recorder further failed to address the basic hire rate evidence and the appropriate period of hire absent impecuniosity. The appeal is allowed; the Claimant is limited to damages at the basic hire rate for 28 days as conceded by the Defendant.

Court Disposition

Appeal allowed. Recorder's order set aside in part.

Orders

  • Claimant's recovery of credit hire charges set aside; substituted with award of £1,754.20 for 28 days at basic hire rate as conceded by Defendant.
  • Parties to agree and prepare a draft order.