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10 January 2025
Issue: 8099 / Categories: Case law , In Court , Law digest
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Law digests: 3 & 10 January 2025

Compensation

Ali v HSF Logistics Polska Sp ZOO [2024] EWCA Civ 1479

This was an appeal regarding a claim for hire charges following a road traffic accident where the claimant’s car did not have a valid MOT certificate at the time of the accident. The court determined that the defendant’s ‘causation defence’—arguing that the claimant could not recover hire charges because the use of their car without a valid MOT certificate would have been illegal—was misconceived and effectively an application of the ex turpi causa doctrine without the required assessment of proportionality. The court held that the absence of a valid MOT certificate did not alter the fact that the claimant suffered inconvenience and a need for transport due to the defendant’s tort, which could be compensated through hire charges. The court ruled that denying hire charges based solely on the lack of a valid MOT would be a disproportionate response to the relatively minor nature of that offence.


Costs

Chaudry v AXA Insurance Plc [2024] Lexis Citation 3787

This

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MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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