Hussain v EUI Ltd [2019] EWHC 2647 (QB) (10 October 2019)
Where a self-employed professional driver hires a replacement vehicle at a cost significantly exceeding the avoided loss of profit, and does not establish need for private use or impecuniosity, damages are limited to the avoided loss of profit.
- Citation
- [2019] EWHC 2647 (QB)
- Parties
- Claimant / Appellant: Humayum Hussain; Defendant / Respondent: EUI Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 10 October 2019
- Procedural Posture
- Civil Appeal / Appeal From County Court Judgment on Quantum
- Outcome
- Appeal dismissed
- Legal Topics
- Mitigation of Loss, Hire Charges, Loss of Profit, Impecuniosity, Measure of Damages
Case Brief
Summary, issues, holding and outcome
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Parties
Humayum Hussain
Claimant / Appellant
EUI Limited
Defendant / Respondent
Procedural Posture
Civil Appeal / Appeal From County Court Judgment on Quantum
Legal Issues
- 1 Whether damages for hire charges should be limited to avoided loss of profit for a self-employed driver whose vehicle is damaged
- 2 Whether the claimant established need for a replacement vehicle for social and domestic purposes
- 3 Whether the claimant could rely on impecuniosity to justify hire charges exceeding loss of profit
Ratio Decidendi
Where a self-employed professional driver hires a replacement vehicle at a cost significantly exceeding the avoided loss of profit, and does not establish need for private use or impecuniosity, damages are limited to the avoided loss of profit.
Court Disposition
Appeal dismissed
Orders
- Damages limited to £423, representing loss of profit; no award for hire charges exceeding this amount
Full Case Text
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