Morgan v Bryson Recycling Ltd [2018] NIQB 12 (31 January 2018)

Morgan v Bryson Recycling Ltd [2018] NIQB 12 (31 January 2018)

The plaintiff was not entitled to damages for hire of a replacement car or storage charges because he could not lawfully have used his own car at the relevant time due to lack of a valid MOT and insurance, and failed to prove the quantum of storage charges.

Citation
[2018] NIQB 12
Parties
Plaintiff/respondent: James Morgan; Defendant/appellant: Bryson Recycling Limited
Jurisdiction
Northern Ireland
Judgment Date
31 January 2018
Procedural Posture
Civil Appeal (road Traffic Accident Damages) / Appeal From County Court Decree
Outcome
Appeal allowed. Judgment for the Defendant/Appellant.
Legal Topics
Illegality Defence, Damages Assessment, Motor Insurance Requirements, Loss of Use, Storage Charges
Tort Law Insurance Law Civil Procedure Illegality Defence Damages Assessment Motor Insurance Requirements Loss of Use Storage Charges

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Parties

James Morgan

Plaintiff/respondent

Bryson Recycling Limited

Defendant/appellant

Procedural Posture

Civil Appeal (road Traffic Accident Damages) / Appeal From County Court Decree

Legal Issues

  1. 1 Whether the plaintiff is entitled to damages for hire of a replacement car when his own car lacked a valid MOT and insurance at the time of the accident
  2. 2 Whether the plaintiff is entitled to storage charges for the damaged vehicle

Ratio Decidendi

The plaintiff was not entitled to damages for hire of a replacement car or storage charges because he could not lawfully have used his own car at the relevant time due to lack of a valid MOT and insurance, and failed to prove the quantum of storage charges.

Court Disposition

Appeal allowed. Judgment for the Defendant/Appellant.

Orders

  • Plaintiff's claims for hire and storage charges refused.
  • Judgment entered for Defendant/Appellant.