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Kevan On Credit Hire
XPL Publishing, Jan 2008, Pages: 220
For the personal injury lawyer - defendant or claimant - and for insurers, this book provides a clear explanation of the current state of the law and its implication in the UK for practitioners: Consumer Credit Act 1974 - a full explanation of the context and meaning for PI practitioners, Dimond and Lovell, Credit hire and the common law, Conflict of interest, Restitution, Costs, Procedural tactics, Industry practice: the future. Readership: Solicitors and barristers acting in Road Traffic cases, insurers, credit hire and credit repair companies, the courts. The online service provides periodic updates to the book for the user in need of regular information.
Target Market:
personal injury lawyers insurance companies car hire companies.
This book is aimed at anyone who has any involvement with the credit hire industry from garages and credit hire company employees to insurance claims handlers, solicitors and barristers. So, too, perhaps for those litigants curious enough to want to find out about the battle in which they have innocently become involved following a road traffic accident. It is hoped that it will be of help both to those tackling the subject for the first time and to those experienced in its most intricate details.
The death of credit hire litigation has been predicted on numerous occasions in the past ten years. In particular following the decisions in Dimond v Lovell and later Clark v Ardington and others it was thought that credit hire litigation would simply dry up.
It lives. Indeed it prospers. There are still credit hire cases coming before the County Courts every day. True the battleground has shifted over the years. Early editions of this book were largely concerned with the technical arguments based on the Consumer Credit Act 1974. These were adjudicated on finally in Dimond v Lovell. Since then most if not all credit hire companies have drafted their agreements to avoid regulation under the Consumer Credit Act 1974. There were teething problems with the new agreements, largely covered at chapter 3. With a few exceptions, in practice the consumer credit arguments are now largely a thing of the past. More frequently the arguments fought in courts today revolve around the newer decisions. County courts are asked to determine whether Claimants are impecunious within the meaning of Lagden v O’Connor or whether rates evidence is admissible or probative pursuant to Burdis v Livsey. Thus for the lawyer about to step into court on his / her first credit hire case, the most important chapters are probably chapters 8 – 10. The earlier chapters have also been revised and updated to maintain their relevance to contemporary issues.
It was always intended to produce a third edition of this book following the Court of Appeal decision in Burdis v Livsey. In the meantime there have been other major developments such as the House of Lords’ ruling on impecuniosity in Lagden v O’Connor and Parliament’s adoption of the Consumer Credit Act 2006.
The law is stated as it is understood by the authors as at 31 January 2008. Any errors are the authors’ own for which the publisher apologises and would hope to correct by the next edition. The purpose of this book is to highlight the various areas of law potentially associated with credit hire. It is not intended to be a substitute for legal advice and readers researching a particular problem should not rely upon its contents in isolation but should instead refer to textbooks on the particular aspect of the problem and to legally qualified professionals.
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