Clarke v McEvoy [2021] NIQB 28 (05 March 2021)

Clarke v McEvoy [2021] NIQB 28 (05 March 2021)

Crash, acting as agent for the plaintiff, unreasonably delayed instruction of the motor assessor by two days, justifying a reduction of two days in the hire period; no further reductions are warranted as subsequent delays were not unreasonable or sufficiently evidenced.

Citation
[2021] NIQB 28
Parties
Plaintiff/appellant: Rhonda Clarke; Defendant/respondent: Joe McEvoy
Jurisdiction
Northern Ireland
Judgment Date
05 March 2021
Procedural Posture
Civil Appeal (credit Hire Claim) / High Court Appeal (de Novo)
Outcome
Appeal allowed in part; hire period reduced by two days.
Legal Topics
Credit Hire, Mitigation of Loss, Assessment of Damages, Road Traffic Accident
Tort Civil Procedure Credit Hire Mitigation of Loss Assessment of Damages Road Traffic Accident

Case Brief

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Parties

Rhonda Clarke

Plaintiff/appellant

Joe McEvoy

Defendant/respondent

Procedural Posture

Civil Appeal (credit Hire Claim) / High Court Appeal (de Novo)

Legal Issues

  1. 1 Whether the plaintiff failed to mitigate loss by unreasonable delay in instructing motor assessor
  2. 2 Whether the duration of vehicle hire was unnecessarily prolonged
  3. 3 Whether reductions in hire period are justified based on actions of plaintiff or agents

Ratio Decidendi

Crash, acting as agent for the plaintiff, unreasonably delayed instruction of the motor assessor by two days, justifying a reduction of two days in the hire period; no further reductions are warranted as subsequent delays were not unreasonable or sufficiently evidenced.

Court Disposition

Appeal allowed in part; hire period reduced by two days.

Orders

  • Award for vehicle hire set at £1,485.72 (36 days at £41.27 per day)
  • Award for vehicle storage and recovery charges: £636.00