Medicina Ltd v Midlothian Council [2013] ScotCS CSOH_104A (02 July 2013)

Medicina Ltd v Midlothian Council [2013] ScotCS CSOH_104A (02 July 2013)

The court held that the underlying rationale of Lagden v O'Connor is the absence of choice in mitigating loss, not solely impecuniosity. The pursuers' averments that no other hire company would provide a vehicle due to the employee's age and occupation are sufficient to remit the matter to proof. The relevancy of the pursuers' case and the reasonableness of the hire period are factual matters to be determined after inquiry, not at the debate stage.

Citation
[2013] ScotCS CSOH_104A
Parties
Pursuer: Medicina Limited; Defender: Midlothian Council
Jurisdiction
Scotland
Judgment Date
02 July 2013
Procedural Posture
Civil Reparation (damages) / Procedure Roll Debate (interlocutory)
Outcome
Proof before answer allowed with all pleas standing.
Legal Topics
Credit Hire Charges, Mitigation of Loss, Damages Assessment, Impecuniosity, Relevancy of Pleadings
Tort Contract Civil Procedure Credit Hire Charges Mitigation of Loss Damages Assessment Impecuniosity Relevancy of Pleadings

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Parties

Medicina Limited

Pursuer

Midlothian Council

Defender

Procedural Posture

Civil Reparation (damages) / Procedure Roll Debate (interlocutory)

Legal Issues

  1. 1 Whether credit hire charges are recoverable absent averments of impecuniosity or lack of choice
  2. 2 Whether the pursuers' averments regarding the period of hire and delay in repair are relevant and should be remitted to proof

Ratio Decidendi

The court held that the underlying rationale of Lagden v O'Connor is the absence of choice in mitigating loss, not solely impecuniosity. The pursuers' averments that no other hire company would provide a vehicle due to the employee's age and occupation are sufficient to remit the matter to proof. The relevancy of the pursuers' case and the reasonableness of the hire period are factual matters to be determined after inquiry, not at the debate stage.

Court Disposition

Proof before answer allowed with all pleas standing.

Orders

  • Allow proof before answer on all averments and pleas.