Taxi drivers hail fair outcome
No doubt the credit hire company and the insurer each engaged a silk to argue over a circa £6,600 Mercedes E220 hire bill in Hussain v EUI Ltd [2019] EWHC 2647 (QB), [2019] All ER (D) 76 (Oct) because the result would have a big impact on their industries’ pockets. Pepperall J gave valuable guidance on hire charge claims in tort by taxi drivers, chauffeurs, delivery drivers and hauliers (you will be able to come up with others) who are self-employed. Should the damages be for loss of profit (£423 as in this case over the 18 days concerned) or hire charges (£6,596 on credit or £975 at a basic hire rate as in this case)?
Loss of profit was the starting point. A replacement vehicle could be hired so that the claimant could continue trading in a reasonable attempt to mitigate loss and the cost was prima facie recoverable. No surprises
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