Clelland v. Quinn Direct [2010] ScotSC 12 (22 October 2010)

Clelland v. Quinn Direct [2010] ScotSC 12 (22 October 2010)

The pursuer was not impecunious at the time of hire and had a choice to use spot hire rates; therefore, only spot hire rates are recoverable for the replacement vehicle. The pursuer acted reasonably in not using his own insurer and in following specialist advice for full re-spray, so full repair costs and engineer's fee are recoverable. The defender failed to prove unreasonable conduct or actual availability of cheaper alternatives for repair or hire. Deductions for betterment are not warranted as the full re-spray was necessary to restore the vehicle's condition.

Citation
[2010] ScotSC 12
Parties
Pursuer: Arthur Clelland; Defender: Quinn Direct
Jurisdiction
Scotland
Judgment Date
22 October 2010
Procedural Posture
Civil Delict (personal Property Damage) / Final Judgment
Outcome
decree for pursuer (partial)
Legal Topics
Credit Hire, Mitigation of Loss, Betterment, Impecuniosity, Vehicle Repair, Restitution, Direct Insurer Liability
Delict Insurance Law Damages Credit Hire Mitigation of Loss Betterment Impecuniosity Vehicle Repair +2 more

Case Brief

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Parties

Arthur Clelland

Pursuer

Quinn Direct

Defender

Procedural Posture

Civil Delict (personal Property Damage) / Final Judgment

Legal Issues

  1. 1 Is the pursuer entitled to recover credit hire charges above spot hire rates?
  2. 2 Was it reasonable for the pursuer to have his vehicle fully re-sprayed rather than partially repaired?
  3. 3 Did the pursuer fail to mitigate his loss by not using a local repairer or his own insurer?

Ratio Decidendi

The pursuer was not impecunious at the time of hire and had a choice to use spot hire rates; therefore, only spot hire rates are recoverable for the replacement vehicle. The pursuer acted reasonably in not using his own insurer and in following specialist advice for full re-spray, so full repair costs and engineer's fee are recoverable. The defender failed to prove unreasonable conduct or actual availability of cheaper alternatives for repair or hire. Deductions for betterment are not warranted as the full re-spray was necessary to restore the vehicle's condition.

Court Disposition

decree for pursuer (partial)

Orders

  • Defender to pay pursuer £11,684.50 with interest at judicial rate from 27 October 2007 until payment.
  • Engineer inspection fee and full repair costs recoverable.