CREDIT HIRE, QOCS AND NON-PARTY COSTS ORDERS

“I note that the authors of “Costs Funding following the Civil Justice Reforms: Questions and Answers” 3rd Edition conclude:

“Whether the working of CPR 44.16(3) (and CPR 44 PD 12.5) is intended to and does in any way relax the established common law as to the circumstances in which a third party costs order is available is a moot point and will no doubt be argued in due course.”

Having thus raised the question, however, the authors, perhaps counter-intuitively given the name of their publication, declined thereafter to venture an answer.”

Kerry Underwood

See my book on Qualified One-Way Costs Shifting, Section 57 and Set-off available for £25.00 on Amazon here.

In Select Car Rentals (North West) Ltd v Esure Services Ltd [2017] EWHC 1434 (QB)

the High Court upheld the decision of the first instance judge to award costs against the Credit Hire Company in a lost personal injury claim, where the claimant was protected by Qualified One-Way Costs Shifting and where there was no finding of fundamental dishonesty or anything else which would displace the normal QOCS rule.

Here the personal injury claim brought by three claimants included a claim for £23,456.85 for money due under Car Hire Agreements in relation to a car with a pre-accident vale of £1,710.00.

In fact the First Claimant had purchased a replacement car nine weeks after the accident but allowed her boyfriend to continue using the cars provided under credit hire until the…

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