Mrs Dimond had a car accident as a result of Mr Lovell’s negligence and sought to recover from him the cost of the hire of a replacement vehicle while her car was being repaired. Under clause 5 of the hire agreement the hire company had the conduct of any claim necessary to recover damages, and the payment of the hire charge was postponed until after its conclusion. Mr Lovell’s insurance company refused to pay the cost of the replacement vehicle on the basis that the agreement under which Mrs Diamond had hired it was a regulated agreement within the meaning of the CCA and did not contain the particulars that the Act required. Consequently the agreement was unenforceable, and Mrs Dimond could not be required to pay for the hired vehicle and had therefore suffered no loss. Resolution of this issue turned on whether the hire company had provided Mrs Dimond with credit.
Held: An arrangement loaning a car and postponing payment of hire charges until settlement of a damages claim was a consumer hire agreement. If made by unregulated person, it was unlawful, and the cost of hire was irrecoverable.
Judges:
The Vice-Chancellor: The Rt Hon Sir Richard Scott, Lord Justice Thorpe, And Lord Justice Judge
Citations:
Times 03-May-1999, Gazette 26-May-1999, [1999] EWCA Civ 1311, [2000] QB 216, [1999] RTR 297, [1999] 3 WLR 561, [1999] 3 All ER 1, [1999] CCLR 46
Links:
Statutes:
Consumer Credit Act 1974, Consumer Credit (Exempt Agreements) Order 1989 3(1)
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Miller CACD 1977
. .
Cited – Hussain v New Taplow Paper Mills Ltd HL 1988
The plaintiff was injured in an accident at work. His employer was partly responsible. For 13 weeks he received full sick pay in accordance with his contract. He then received half his pre-accident earnings under the permanent health insurance . .
Cited – Hodgson v Trapp HL 10-Nov-1988
The question was whether the attendance and mobility allowances which were payable to the plaintiff pursuant to statute should be deducted from damages she had received for personal injury.
Held: They should be. Damages for negligence are . .
Cited by:
Appeal from – Dimond v Lovell HL 12-May-2000
A claimant sought as part of her damages for the cost of hiring a care whilst her own was off the road after an accident caused by the defendant. She agreed with a hire company to hire a car, but payment was delayed until the claim was settled.
Cited – A, Regina (on The Application of) v B; Regina (A) v Director of Establishments of the Security Service SC 9-Dec-2009
B, a former senior member of the security services wished to publish his memoirs. He was under contractual and statutory obligations of confidentiality. He sought judicial review of a decision not to allow him to publish parts of the book, saying it . .
Lists of cited by and citing cases may be incomplete.
Consumer, Damages, Road Traffic
Updated: 23 May 2022; Ref: scu.136044