Gilheaney v McGovern [2009] NIQB 38 (23 April 2009)

Gilheaney v McGovern [2009] NIQB 38 (23 April 2009)

The plaintiff was impecunious and had no reasonable alternative but to use a credit hire company; the defendants failed to prove that it was unreasonable for the plaintiff to use Crash Services or that a lower rate was reasonably available to him. The plaintiff is entitled to recover the full credit hire rate charged.

Citation
[2009] NIQB 38
Parties
Plaintiff/appellant: Christopher Gilheaney; Defendant/respondent: Adrian McGovern; Defendant/respondent: Edward McGovern
Jurisdiction
Northern Ireland
Judgment Date
23 April 2009
Procedural Posture
Appeal (assessment of Damages) / High Court (queen's Bench Division) Judgment on Appeal From County Court
Outcome
Appeal allowed
Legal Topics
Credit Hire, Assessment of Damages, Mitigation of Loss, Impecuniosity, Road Traffic Accident
Tort Civil Procedure Credit Hire Assessment of Damages Mitigation of Loss Impecuniosity Road Traffic Accident

Case Brief

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Parties

Christopher Gilheaney

Plaintiff/appellant

Adrian McGovern

Defendant/respondent

Edward McGovern

Defendant/respondent

Procedural Posture

Appeal (assessment of Damages) / High Court (queen's Bench Division) Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether the plaintiff was entitled to recover the credit hire rate or only the spot hire rate for a replacement vehicle
  2. 2 Whether the plaintiff was impecunious and thus had no choice but to use a credit hire company
  3. 3 Whether the rate charged by the credit hire company was reasonable

Ratio Decidendi

The plaintiff was impecunious and had no reasonable alternative but to use a credit hire company; the defendants failed to prove that it was unreasonable for the plaintiff to use Crash Services or that a lower rate was reasonably available to him. The plaintiff is entitled to recover the full credit hire rate charged.

Court Disposition

Appeal allowed

Orders

  • Award of £1,092 plus VAT in respect of the hire charge to the plaintiff
  • County Court award of £795.86 plus VAT set aside