North of the Border: The New Simple Procedure in Scotland: How Will It Affect Credit Hire Claims? - John Wilson, Brodies LLP
26/10/16. On 28th November 2016, Simple Procedure will be introduced to Scotland’s Sheriff Courts. This procedure will apply to non-injury claims worth £5,000 or less. In this article, John Wilson looks at how, following Peter Chatterton v AXA Corporate Solutions (2016 WL04772382), Scottish credit hire claims may now be addressed under this new procedure.
2.1 Chatterton, an English county court judgement, was a timely reminder of the standard arguments advanced in credit hire claims.
2.2 The ultimate judgement was balanced and clear, setting out where the burdens of proof lie. For example, per Bent ( EWCA Civ 1384), it was for the defendant, AXA, to prove there was a difference between the credit hire rate and the basic hire rate.
2.3 It was argued by the credit hire organisation (CHO) that AXA’s evidence was lacking. The CHO argued that the rates evidence should be ignored because: (i) the terms and conditions were not provided; (ii) it was based on pricelists rather than firm quotes; and (iii) it was obtained three and a half years after the hire had begun. These submissions were all rejected...