STEVEN TIERNEY v. JACK TISSINGTON [2013] ScotSC 40 (03 June 2013)
The burden to obtain and lodge a basic hire rate report, where the defender challenges the reasonableness of the hire charges, lies with the defender, not the pursuer. The defender must aver and prove any alleged excess by evidence, including a basic hire rate report.
- Citation
- [2013] ScotSC 40
- Parties
- Pursuer: Steven Tierney; Defender: Jack Tissington
- Jurisdiction
- Scotland
- Judgment Date
- 03 June 2013
- Procedural Posture
- Personal Injuries Action / Interlocutory Motion Prior to Case Management Conference
- Outcome
- Defender's motion refused
- Legal Topics
- Credit Hire, Damages Assessment, Burden of Proof, Road Traffic Accident
Case Brief
Summary, issues, holding and outcome
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Parties
Steven Tierney
Pursuer
Jack Tissington
Defender
Procedural Posture
Personal Injuries Action / Interlocutory Motion Prior to Case Management Conference
Legal Issues
- 1 Whether the pursuer is obliged to lodge a basic hire rate report to substantiate the claim for hire charges in a credit hire case
- 2 Whether the burden of proof to show excessiveness of hire charges lies with the pursuer or defender
Ratio Decidendi
The burden to obtain and lodge a basic hire rate report, where the defender challenges the reasonableness of the hire charges, lies with the defender, not the pursuer. The defender must aver and prove any alleged excess by evidence, including a basic hire rate report.
Court Disposition
Defender's motion refused
Orders
- Refused defender's motion to ordain the pursuer to lodge a basic hire rate report
- Continued the cause to the case management conference on 22 March 2013
Full Case Text
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