Hussain v EUI Ltd [2019] EWHC 2647 (QB) (10 October 2019)

Hussain v EUI Ltd [2019] EWHC 2647 (QB) (10 October 2019)

Where a self-employed driver claims for loss of use of a profit-earning vehicle, damages are ordinarily limited to the loss of profit unless the claimant proves a reasonable need for a replacement vehicle for private use or establishes impecuniosity; in the absence of such proof, hire charges significantly exceeding lost profit are not recoverable.

Citation
[2019] EWHC 2647
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
Tort Law Civil Procedure Damages Mitigation of Loss Hire Charges Loss of Profit Impecuniosity Measure of Damages

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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. 1 Whether damages for loss of use of a profit-earning vehicle should be limited to loss of profit or include hire charges
  2. 2 Whether the claimant proved need for a replacement vehicle for social/domestic use
  3. 3 Whether the claimant could rely on impecuniosity to justify hire charges exceeding lost profit

Ratio Decidendi

Where a self-employed driver claims for loss of use of a profit-earning vehicle, damages are ordinarily limited to the loss of profit unless the claimant proves a reasonable need for a replacement vehicle for private use or establishes impecuniosity; in the absence of such proof, hire charges significantly exceeding lost profit are not recoverable.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the County Court's limitation of damages to the avoided loss of profit is upheld.