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England and Wales decisions
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Tescher v Direct Accident Management Ltd [2025] EWCA Civ 733 (13 June 2025)
The Court of Appeal held that credit hire companies can face non-party costs orders where failed RTA claims were brought for their financial benefit under QOCS.
The Court of Appeal held that credit hire companies can be liable for costs as non-parties where personal injury claims with credit hire element fail under QOCS.
Piercy v Kangethe [2025] EWCC 11 (19 March 2025)
County Court judgment on a road traffic credit hire claim. The claimant succeeded, with only £40 administration charges disallowed and credit given for an interim repair payment.
EUI Ltd (t/a Admiral) v Smith [2024] EWHC 2803 (KB) (06 November 2024)
Appeal dismissed against refusal to strike out or summarily dismiss a Part 20 claim alleging a dishonest engineer’s report and unlawful means conspiracy.
The absence of a valid MOT certificate does not bar recovery of credit hire charges under the causation defence where the claimant suffered real inconvenience and need for transport as a result of the defendant’s tort. The causation defence is, in substance, an ex turpi causa argument and must be subject to proportionality. Given the minor nature of the MOT offence, it would be disproportionate to deny recovery. The claimant is entitled to recover the hire charges in full.
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Probyn v Noordin [2023] EWHC 3314 (KB) (21 December 2023)
High Court appeal about credit hire, impecuniosity, and relief from sanctions. The court held the claimant should not have advanced impecuniosity in breach of a debarring order.
Amjad v UK Insurance Ltd [2023] EWHC 2832 (KB) (10 November 2023)
High Court appeal on QOCS and credit hire costs in a mixed personal injury claim. The court set aside the order allowing enforcement above the QOCS cap.
Soares v Wilson [2023] EW Misc 11 (CC) (11 October 2023)
The County Court refused a non-party costs order against Anexo Group PLC. The judge held Anexo was not involved in, funding, or controlling the litigation or costs dispute.
Ali v HSF Logistics Polska SP ZOO [2023] EWHC 2159 (KB) (29 August 2023)
High Court appeal on whether a missing MOT defeated credit hire charges. The court held the claim failed on causation because the vehicle was not lawfully usable and no future MOT was proved.
Holt v Allianz Insurance Plc [2023] EWHC 790 (KB) (04 April 2023)
High Court appeal about pre-action disclosure in a credit hire claim. The appeal was allowed because Allianz was not shown to be a likely party to later proceedings.
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