References: [2003] QB 36, [2002] EWCA Civ 510
Ratio: The several cases claimed the cost of provision by credit hire companies of car hire and repair services to the innocent victims of road accidents. The transactions were ‘res inter alios acta’ – collateral to the commission of the tort.
Statutes: Consumer Credit Act 1974
Jurisdiction: England and Wales
This case cites:
- Appeal from – Burdis v Livsey CC ([2001] 1 WLR 1751)
(Doncaster County Court) . .
(This list may be incomplete)
This case is cited by:
- Appeal from – Lagden v O’Connor HL (House of Lords, [2003] UKHL 64, Bailii, Times 05-Dec-03, [2004] 1 AC 1067, [2004] 1 All ER 277, [2003] 3 WLR 1571, [2004] Lloyd’s Rep IR 315, [2004] RTR 24)
The parties had been involved in a road traffic accident. The defendant drove into the claimant’s parked car. The claimant was unable to afford to hire a car pending repairs being completed, and arranged to hire a car on credit. He now sought . . - Cited – Bee v Jenson ComC (Times 16-Jan-07, Bailii, [2006] EWHC 3359 (Comm), Bailii, [2006] EWHC 3359 (Comm))
The defendant objected to paying the plaintiff the costs of a replacement hire car after the accident for which he was liable. He said that the plaintiff was in any event insured to recover that cost, and the insurance company were subrogated to the . . - Cited – Southern Pacific Mortgage Ltd v Heath CA (Times, Bailii, [2009] EWCA Civ 1135)
The court considered the effect of an agreement within the Act falling into more than one category of agreement. Part was used to be used for the repayment of an existing mortgage (restricted use credit), and part was unrestricted. The question was . .
(This list may be incomplete)
Last Update: 02 January 2018
Ref: 188634
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