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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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