W v Veolia Environmental Services (UK) Plc

W v Veolia Environmental Services (UK) Plc

Where credit hire charges have been paid by the claimant’s insurer under a valid contract of indemnity insurance, subrogation prevents double recovery and the charges are recoverable from the defendant, even if the underlying hire agreement is unenforceable under consumer protection regulations, provided the...

Source-derived case information.

Parties
Claimant: W; Defendant: Veolia Environmental Services (UK) PLC
Jurisdiction
England and Wales
Judgment Date
27 July 2011
Procedural Posture
Civil / Judgment
Outcome
Claimant succeeds; credit hire charges recoverable up to indemnity limit.
Legal Topics
Credit Hire, Mitigation of Loss, Consumer Contract Unenforceability, Subrogation, Double Recovery, Impecuniosity
Tort Insurance Consumer Protection Credit Hire Mitigation of Loss Consumer Contract Unenforceability Subrogation Double Recovery +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

W

Claimant

Veolia Environmental Services (UK) PLC

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether credit hire charges are recoverable when paid by insurer under an unenforceable contract
  2. 2 Effect of The Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc. Regulations 2008 on enforceability of hire agreements
  3. 3 Whether claimant was impecunious and entitled to recover full credit hire rate

Ratio Decidendi

Where credit hire charges have been paid by the claimant’s insurer under a valid contract of indemnity insurance, subrogation prevents double recovery and the charges are recoverable from the defendant, even if the underlying hire agreement is unenforceable under consumer protection regulations, provided the claimant was impecunious and the payment does not exceed the policy indemnity limit.

Court Disposition

Claimant succeeds; credit hire charges recoverable up to indemnity limit.

Orders

  • Claimant entitled to recover £100,000 for first hire agreement under insurance policy.
  • Second hire agreement not affected by Regulations; charges recoverable.