Mitchell Reaches Hire? - Jasmine Murphy, Hardwicke
20/05/14. Eleven years on from the House of Lords’ decision in Lagden v O’Connor [2003] UKHL 64 “impecuniosity” remains a hot topic in the world of credit hire. The Court of Appeal case ofZurich v Umerji [2014] EWCA Civ 357 handed down on 25 March 2014 is an important case on credit hire for both Claimants and Defendants. Its impact is likely to resound further in light of the Jackson reforms as clarified by Mitchell v News Group Newspapers [2013] EWCA Civ 1537.
The two main highlights of the judgment are that:
-
Impecuniosity goes to the duration of hire, as well as to rate, if the Claimant says that he had to hire a replacement car for as long as he did because he did not have the money to buy a replacement.
-
The Claimant has to plead and prove his case as to reasonableness of hire, including any assertion of impecuniosity, in his Particulars of Claim.
Zurich v Umerji – The facts
Image ©iStockphoto.com/blueclue
![Appeal judge rules that credit hire company has no costs liability following a finding of fundamental dishonesty in personal injury case: RSA v. Fastrack Solutions Limited [2023] 4 WLUK 92 - David Bowden, Erimus Chambers](/content/images/resized/images/stories/carkeys_72_72.jpg)
