Thursday 31 March 2022
The Claimant (C) appeals paragraphs 3 and 4 of the order of Recorder John Benson QC dated 15 April 2021 by which he dismissed the remainder of the Claimant’s appeal against the order of DDJ Fawcett dated 1 July 2019 (having allowed the appeal on 1 ground) and granted the Defendant’s additional grounds of appeal.
On the 23rd November 2015 C was driving a hired Mini motorcar when it was in collision with another vehicle driven by D’s insured, Mr Galewski. D admitted that the collision was caused by Mr Galewski’s negligence. Damage to the Mini necessitated repairs which cost 1,990.65 pounds. C sought damages in the sum of the costs of repair and additionally damages consequent on the damage to the motor car, the 145.30 for each of the twelve days that the damaged hire vehicle was unavailable which she was obliged to pay to the hire company Helphire, totalling 1,743.60 pounds.
On 1 July 2019 DDJ Fawcett dismissed the Claimant’s claim against the Defendant in its entirety.
On appeal, Recorder John Benson QC allowed the first ground of appeal (not to award the costs of repairs) which was not contested and ordered that the Defendant pay the Claimant 1,990.65 and fixed costs. He dismissed the rest of the Claimant’s appeal relating to the recovery of loss of use claim arising out of the hire agreement between C and Helphire (Grounds 2 and 3) and granted the Defendant’s additional grounds of appeal.