Irving v Morgan Sindall Plc

Irving v Morgan Sindall Plc

A claimant may recover credit hire charges where liability is contingent upon success in litigation, and the claimant is impecunious if she cannot pay hire charges without unreasonable sacrifice; the trial judge erred in both findings.

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

Case Brief

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Parties

Miss Katherine Ann Irving

Appellant/claimant

Morgan Sindall PLC

Respondent/defendant

Procedural Posture

Appeal / Judgment

Legal Issues

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

Ratio Decidendi

A claimant may recover credit hire charges where liability is contingent upon success in litigation, and the claimant is impecunious if she cannot pay hire charges without unreasonable sacrifice; the trial judge erred in both findings.

Court Disposition

Appeal allowed

Orders

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