We reported in June 2020 an emerging trend involving a large credit hire company. It involved a practice where Validus and certain insurers were, apparently, separating out the handling of a claimant’s personal injury claim from a related claim for credit hire charges in an arrangement where the CHO was prevented from recovering outstanding hire charges
In essence, the suggestion was that Validus were slow in negotiating the hire charges, but were always aware of the same, whilst the insurer instructed lawyers to manage separately the associated personal injury claim.
Subsequently, the PI claim was settled in the Portal and, when proceedings were then commenced for the recovery of the now disputed claim for hire charges, successful applications were made to strike out the claims for an abuse of process.
We understand that Haven, Hastings and Plexus, as well as DAC Beachcroft, are routinely quoting four cases in correspondence with those acting for claimants with extant hire charges where a personal injury settlement has been reached in the portal and the CNF did not identify the existence of any potential claim for credit hire damages. Those cases are:
Christie v Gatts which can be located in The Library or at https://www.dropbox.com/s/06x1qdhynxkkb3h/Christie%20v%20Gatts.pdf?dl=0
Hillier v Sothern Rock Insurance, a case which an appeal failed before HHJ Murdoch and PTA was refused on the papers by the CoA. The first instance decision can be located at https://www.dropbox.com/s/j7cnjgcwo75veiu/Hillier%20v%20Southern%20Rock.pdf?dl=0
The report from counsel at Farrars Building, reported by us on May 26th, can be found at https://www.credithire.org.uk/post/court-of-appeal
Smickle v Global Logistics which is at https://www.dropbox.com/s/frme088v4kji2pz/Smikle%20v%20Global%20Logistics%20Ltd%20%5B2016%5D%206%20WLUK%2082.pdf?dl=0
The results of the appeal before HHJ Yeldon in Reardon v Mango Engineering which is at https://www.dropbox.com/s/xirfeml81vj9w27/Reardon%20v%20Mango%20Engineering.pdf?dl=0