Probyn v Noordin [2023] EWHC 3314 (KB) (21 December 2023)

Probyn v Noordin [2023] EWHC 3314 (KB) (21 December 2023)

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 evidenced, resulting in unfairness to the defendant. The claim for credit hire at credit rates could not succeed; only basic hire rates were recoverable for the conceded period.

Citation
[2023] EWHC 3314 (KB)
Parties
Claimant/respondent: Steven Probyn; Defendant/appellant: Sahr Noordin
Jurisdiction
England and Wales
Judgment Date
21 December 2023
Procedural Posture
Civil Appeal / High Court Appeal From County Court Judgment
Outcome
Appeal allowed in part
Legal Topics
Credit Hire Claims, Impecuniosity, Relief From Sanctions, Pleading Requirements, Personal Injury, Road Traffic Accident
Civil Procedure Tort Credit Hire Claims Impecuniosity Relief From Sanctions Pleading Requirements Personal Injury Road Traffic Accident

Case Brief

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Parties

Steven Probyn

Claimant/respondent

Sahr Noordin

Defendant/appellant

Procedural Posture

Civil Appeal / High Court Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the Recorder erred in law by permitting the claimant to advance a case on impecuniosity in breach of a debarring order
  2. 2 Whether the Recorder erred in finding the claimant impecunious based on oral evidence not pleaded or disclosed
  3. 3 Whether the Recorder failed to address arguments on basic hire rates if impecuniosity was not established

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 evidenced, resulting in unfairness to the defendant. The claim for credit hire at credit rates could not succeed; only basic hire rates were recoverable for the conceded period.

Court Disposition

Appeal allowed in part

Orders

  • Recorder's order set aside as to credit hire charges
  • Judgment entered for claimant for £1,754.20 reflecting 28 days at basic hire rate