Kelly v Mackle [2009] NIQB 39 (23 April 2009)

Kelly v Mackle [2009] NIQB 39 (23 April 2009)

The plaintiff is not entitled to recover the full claimed cost of hiring the replacement vehicle as it was uneconomic and unreasonable; damages are instead assessed at the trade hire rate of £55 per day for 34 days, totalling £1,870, as a reasonable sum for loss of use.

Citation
[2009] NIQB 39
Parties
Plaintiff/appellant: Sarah Kelly; Defendant/respondent: Martin Mackle
Jurisdiction
Northern Ireland
Judgment Date
23 April 2009
Procedural Posture
Civil Appeal / Appeal on Assessment of Damages
Outcome
award reduced
Legal Topics
Damages Assessment, Credit Hire, Mitigation of Loss, Loss of Use, Road Traffic Accident
Tort Contract Damages Assessment Credit Hire Mitigation of Loss Loss of Use Road Traffic Accident

Case Brief

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Parties

Sarah Kelly

Plaintiff/appellant

Martin Mackle

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal on Assessment of Damages

Legal Issues

  1. 1 Whether the plaintiff is entitled to recover the full claimed cost of hiring a replacement vehicle as damages
  2. 2 What is the reasonable amount to be awarded for loss of use of the vehicle

Ratio Decidendi

The plaintiff is not entitled to recover the full claimed cost of hiring the replacement vehicle as it was uneconomic and unreasonable; damages are instead assessed at the trade hire rate of £55 per day for 34 days, totalling £1,870, as a reasonable sum for loss of use.

Court Disposition

award reduced

Orders

  • Award for replacement vehicle reduced to £1,870.00
  • Court to hear counsel on costs