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17 November 2011
Issue: 7490 / Categories: Features , Civil way , Procedure & practice
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Civil way: 18 November 2011

On and on. X Factor? No, the credit hire litigation....

 

PUTTING PAID TO DEFENCE
 
On and on. X Factor? No, the credit hire litigation. Accident Exchange has recently trumped the defence of the tortfeaser’s insurers that credit hire charges were irrecoverable because of the unenforceability of two hire agreements. The deft route to success was for the claimant to notionally pay the charges. What happened is that Accident Exchange as agent for the claimant’s insurers transferred the amount of the charges of £138,000 to…Accident Exchange. “Meeting fire with fire” is how the claimant’s silk put it in W v Veolia Environmental Services (UK) PLC [2011] EWHC 2020 (QB), [2011] All ER (D) 280 (Jul) which was heard by Judge Mackie QC sitting in the London Mercantile Court. 
 
The claimant would be under a duty to account to his insurers for hire charges recovered as damages and if the underlying hire agreements were unenforceable that would have no impact on the duty to account. A novel argument, which the judge
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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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