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Irving v Morgan Sindall PLC [2018] EWHC 1147 (QB) - Sharon Hughes, 43templerow

21/09/18. The recent appeal judgment in Irving v Morgan Sindall PLC [2018] EWHC 1147 (QB) by Mr Justice Turner is greatly appreciated for bringing much needed clarity over two issues credit hire practitioners regularly battle with:

  1. Where is the line drawn for impecuniosity to be established; and

  2. Must a claimant have a personal liability to pay the hire charges in order for it to be recoverable from the defendant?

His Honour Judge Saffman at trial dismissed a claim for credit hire charges amounting to £20,109.60 on the basis that he had “to be satisfied that the claimant is obliged to pay them” and in this case, her oral evidence “is that she is not”. Impecuniosity was pleaded but Miss Irving was held to be pecunious. Mr Justice Turner allowed the appeal on both grounds.

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