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

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

A contingent liability to pay credit hire charges is sufficient to found a claim for damages against the tortfeasor; the claimant was also found to be impecunious on the facts, entitling her to recover at the credit hire rate.

Citation
[2018] EWHC 1147 (QB)
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 Charges, Impecuniosity, Recoverability of Contingent Debts, Mitigation of Loss, Damages for Loss of Use
Tort Contract Credit Hire Charges Impecuniosity Recoverability of Contingent Debts Mitigation of Loss Damages for Loss of Use

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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

A contingent liability to pay credit hire charges is sufficient to found a claim for damages against the tortfeasor; the claimant was also found to be impecunious on the facts, entitling her to recover at the credit hire rate.

Court Disposition

Appeal allowed

Orders

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