Hussain v EUI Ltd

Hussain v EUI Ltd

Damages for hire charges incurred by a self-employed driver are limited to the avoided loss of profit unless the claimant proves need for a replacement vehicle for private use or establishes impecuniosity with proper evidence. Mr Hussain failed to prove either, so damages were capped at lost profit.

Parties
Claimant/appellant: Humayum Hussain; Defendant/respondent: EUI Limited
Jurisdiction
England and Wales
Judgment Date
10 October 2019
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Mitigation of Loss, Hire Charges, Loss of Profit, Impecuniosity
Tort Damages Mitigation of Loss Hire Charges Loss of Profit Impecuniosity

Case Brief

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Parties

Humayum Hussain

Claimant/appellant

EUI Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether damages for hire charges should be limited to avoided loss of profit for a self-employed driver
  2. 2 Whether the claimant proved need for a replacement vehicle for social and domestic purposes
  3. 3 Whether the claimant could rely on impecuniosity to justify hire charges exceeding lost profit

Ratio Decidendi

Damages for hire charges incurred by a self-employed driver are limited to the avoided loss of profit unless the claimant proves need for a replacement vehicle for private use or establishes impecuniosity with proper evidence. Mr Hussain failed to prove either, so damages were capped at lost profit.

Court Disposition

appeal dismissed

Orders

  • Damages limited to £423, representing loss of profit for 18 days
  • No recovery of hire charges exceeding lost profit