Irving v Morgan Sindall Plc [2018] EWHC 1147 (QB) (15 May 2018)

Irving v Morgan Sindall Plc [2018] EWHC 1147 (QB) (15 May 2018)

The claimant's liability to pay the credit hire charges, though contingent on recovery, was sufficient to constitute a recoverable loss. The judge at first instance erred in finding otherwise. The claimant was also impecunious as she could not have paid for a replacement vehicle and hire charges without unreasonable sacrifice, so the credit hire rate was recoverable.

Citation
[2018] EWHC 1147
Parties
Appellant/claimant: Miss Katherine Ann Irving; Respondent/defendant: Morgan Sindall PLC
Jurisdiction
England and Wales
Judgment Date
15 May 2018
Procedural Posture
Appeal / High Court Judgment on Appeal From Trial Court
Outcome
Appeal allowed
Legal Topics
Credit Hire, Damages, Impecuniosity, Mitigation of Loss
Tort Contract Credit Hire Damages Impecuniosity Mitigation of Loss

Case Brief

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Parties

Miss Katherine Ann Irving

Appellant/claimant

Morgan Sindall PLC

Respondent/defendant

Procedural Posture

Appeal / High Court Judgment on Appeal From Trial Court

Legal Issues

  1. 1 Whether a claimant can recover credit hire charges when her liability to pay is contingent on success in the claim
  2. 2 What constitutes 'impecuniosity' for the purpose of recovering credit hire charges

Ratio Decidendi

The claimant's liability to pay the credit hire charges, though contingent on recovery, was sufficient to constitute a recoverable loss. The judge at first instance erred in finding otherwise. The claimant was also impecunious as she could not have paid for a replacement vehicle and hire charges without unreasonable sacrifice, so the credit hire rate was recoverable.

Court Disposition

Appeal allowed

Orders

  • Judgment sum increased by £20,109.60 in respect of credit hire charges