Impecuniosity and bank statements

With thanks to Craig Delahaye, and the team at Garvins Law, I set out below details of a very recent decision in Sunderland CC. It relates to the use of the Open Banking software operated by Direct ID.

In the recent case reported by Garvins, one of the first that I have seen, the evidence deployed was that of Direct ID instead of the bank statements ordered as part of standard directions,

Marc Maitland of Kings Bench acted for the Claimant whilst Keoghs acted for the third-party insurer, Esure.

In summary, the Judge accepted that the Direct ID Summary Report was sufficient for him to determine impecuniosity. Perhaps more importantly, however, is that the defendant objected to the claimant asserting impecuniosity. They claimed C was debarred, having failed to give full disclosure of all bank accounts and wage slips as required in the standard directions.

In response, counsel made an oral application for relief from sanctions on the basis that the claimant had disclosed all of the financial information available to her, and that was all the material needed to allow the Court to assess her financial means notwithstanding that the data was not in the exact format ordered. In reality, the claimant had sought to comply by disclosing the data generated by the Direct ID open banking system.

We understand that Counsel‘s oral application for relief to rely upon the Direct ID report was pivotal; the catalyst for full commercial recovery of the hire rate, something that Keoghs were not expecting. No doubt, knowing Keoghs as we do, they will look to try to consider how to block future such applications.

More will follow when we have it.

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