Johnny Martin successfully defends credit hire claim

Johnny Martin has successfully defended a credit hire claim following a contested quantum hearing arising from a road traffic accident. Whilst liability was admitted, the claim involved a detailed dispute regarding the recoverability of credit hire charges, including the Claimant’s alleged impecuniosity, the reasonable period of hire, mitigation of loss, and the appropriate rate of hire.

Johnny undertook a detailed review of the Claimant’s financial evidence, including extensive analysis of multiple bank accounts, savings records and financial statements. The Claimant’s evidence regarding their financial circumstances and ability to fund alternative vehicle hire was challenged in cross-examination, with particular focus on the availability of funds, access to credit, and whether the Claimant had established that entering into a credit hire agreement was necessary.

Submissions were advanced that the Claimant had failed to discharge the burden of proving impecuniosity and that the recoverable rate of hire should be assessed by reference to the basic hire rate rather than the significantly higher credit hire rate claimed.

The court accepted the submissions made on behalf of the Defendant in relation to impecuniosity and assessed damages by reference to the basic hire rate. The final award represented a reduction of approximately 79% from the sum originally sought by the Claimant. Johnny’s detailed preparation, analysis of the Claimant’s financial evidence, and focused cross-examination enabled the Defendant’s position on impecuniosity and the recoverability of credit hire charges to be successfully advanced, resulting in a significant reduction in the damages awarded.

Johnny was instructed by Keoghs LLP.