Mehmood v AIG Europe Ltd & Anor [2023] EW Misc 1 (CC) (29 March 2023)

Mehmood v AIG Europe Ltd & Anor [2023] EW Misc 1 (CC) (29 March 2023)

Both parties were negligent; the Second Defendant failed to ensure it was safe to emerge, and the Claimant overtook in circumstances creating foreseeable risk. The Claimant's damages are limited to loss of profit as he failed to prove exceptions justifying credit hire recovery. The Claimant failed to evidence vehicle repair costs. Contributory negligence assessed at 50%.

Citation
[2023] EW Misc 1 (CC)
Parties
Claimant: Mr Tariq Mehmood; First Defendant: AIG Europe Ltd; Second Defendant: Mr Jonathon Simpson
Jurisdiction
England and Wales
Judgment Date
29 March 2023
Procedural Posture
Civil Road Traffic Accident / Judgment After Trial
Outcome
Claim allowed in part, subject to 50% reduction for contributory negligence.
Legal Topics
Negligence, Contributory Negligence, Damages, Credit Hire, Loss of Profit, Mitigation of Loss
Tort Civil Procedure Negligence Contributory Negligence Damages Credit Hire Loss of Profit Mitigation of Loss

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Parties

Mr Tariq Mehmood

Claimant

AIG Europe Ltd

First Defendant

Mr Jonathon Simpson

Second Defendant

Procedural Posture

Civil Road Traffic Accident / Judgment After Trial

Legal Issues

  1. 1 Whether the Second Defendant was negligent in causing the road traffic accident
  2. 2 Whether the Claimant was contributorily negligent
  3. 3 Proper measure of damages for loss of use of a profit-earning vehicle (taxi)

Ratio Decidendi

Both parties were negligent; the Second Defendant failed to ensure it was safe to emerge, and the Claimant overtook in circumstances creating foreseeable risk. The Claimant's damages are limited to loss of profit as he failed to prove exceptions justifying credit hire recovery. The Claimant failed to evidence vehicle repair costs. Contributory negligence assessed at 50%.

Court Disposition

Claim allowed in part, subject to 50% reduction for contributory negligence.

Orders

  • Award of £346 for loss of profit, £250 for recovery, and £350 for storage, all subject to 50% reduction for contributory negligence.
  • Claim for vehicle repair costs disallowed.