QGLaw, acting for Cuvva and Wakam, have secured a decisive trial victory, defeating in full a £50,000+ credit hire, storage and recovery claim and obtaining their costs in full.
The Claimant’s private hire vehicle was involved in a genuine road traffic accident. Breach of duty was admitted early, narrowing the dispute to quantum. However, the Claimant refused to provide financial disclosure to evidence impecuniosity, preventing the Defendant from settling for the true value. In response, QG Law made a pre-action disclosure application (in line with Holt v Allianz [2023] EWHC 790) and served a protective Part 36 offer. Instead of engaging, the Claimant issued proceedings.
The Court’s directions offered the Claimant the opportunity to provide the outstanding impecuniosity evidence, however the Claimant’s disclosure and witness evidence fell woefully short. Despite this, the Claimant proceeded to chance their arm by running the case all the way to trial at Oxford County Court.
Trial
The judge reserved their findings at the end of the trial; the parties attended a further hearing where judgment was handed down:
- Preliminary issue: The Court debarred the Claimant from relying on impecuniosity due to failure to disclose full financial documentation. This was of no surprise to the Defendant.
- Loss of profit: The pleaded case and evidence fell short of the exemptions in Hussain v EUI [2019] EWHC 2647, noting the Claimant had failed to raise loss of profit argument until trial!
- BHR evidence: BHR rates for SDP (and private hire) were provided, however the Court found the Claimant had access to other vehicles, dismissing any SDP hire claim.
- Storage/recovery: Found to be unnecessary and disallowed, owing to the ample room to store the vehicle (with minor damage) outside the Claimant’s address
Credit was given for the pre-litigation payment for vehicle damage, but all remaining losses were dismissed. The Claimant failed to beat the Defendant’s Part 36 offer, triggering a full costs award. Permission to appeal was refused.
Outcome
Despite early attempts to obtain the Claimant’s true financial position, the matter needlessly proceeded to trial. The Claimant’s eventual disclosure, pleadings, and oral evidence were wholly insufficient. QGLaw, Cuvva, and Wakam took a robust stance, resulting in a complete dismissal and costs recovery.
Special thanks to Simon Trigger, Deka, whose advocacy at trial clearly articulated the Defendant’s position and secured this favourable judgment.
If you need any advice on defending these types of claims, please contact James Martin: Senior Associate james.martin@qglaw.co.uk or Kellie Lacey: Principal Associate kellie.lacey@qglaw.co.uk