Northern Ireland decision
- Stephen Evans
- 5 days ago
- 2 min read
I was sent a copy of a judgement from Mr Justice McLaughlin overnight in relation to a credit hire claim where damages were claimed for hire charges of £43,122, £12,100 for the PAV of the index vehicle, and £8,010 for storage (see below)
Those of us in GB will have been able to anticipate the outcome of a case which turned on a unique set of facts, but the transcript is a good read because a) it shows how much more sophisticated and rational the civil justice system is in Northern Ireland that it is in England & Wales and b) it has some universal lessons that would benefit new employees in credit hire across the UK.
Notwithstanding that the message is clear that:
Where a Plaintiff (Claimant) wants the TP insurer to repair the vehicle and it is roadworthy, they must continue to use the damaged vehicle.
Where the vehicle is unroadworthy and repairable the Plaintiff can wait but only for so long to sort repairs if they are pecunious.
If the Plaintiff enters into a credit repair agreement then the court will need it explained to them as to why repairs were not commenced under that agreement.
If the vehicle is a write off and the Plaintiff is pecunious then that will be relevant on the issue of period.
If the Plaintiff is impecunious then they are in a better position for long durations.
All in all, the judgment does not set out any new ground although it possibly clarifies things in Northern Ireland. Usefully, it also restates the position that the Plaintiff’s own insurance is irrelevant.
Definitely worth a read for those of you in Northern Ireland. Also worth a look for those of you with time to spare in England & Wales perhaps as a helpful guide for new employees as to the challenges of long-hire duration and imprecise engineering evidence. My only niggling worry is that the ABI have been lobbying the NI government for changes similar to those they have achieved in the UK post 2012 and it may be that waving around this kind of judgement helps fan the flames with the media and any supporters of the ABI. Probably one to watch for in the wider media.
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