Areas of Work
Credit Hire
1 Temple Gardens is at the forefront of the credit hire litigation and is instructed in all areas including:
- 12 Month/Four Payment Exemption Clauses
- Consumer Credit Act 1974
- Costs
- Credit Repair
- Delivery and Collection Charges
- Impecuniosity
- Interests
- Mitigation of Loss
- Spot Hire Rates
- Storage and Recovery Charges
Members of Chambers have acted in the leading credit hire cases including:
Evans v TNT Logistics Ltd 12/3/2007 - where a driver had acted unreasonably after a road traffic accident and had failed to mitigate his loss, his damages should have been limited to that which he would have recovered had he acted reasonably (Robert Marven).
King v Daltray (CA) (2004) RTR 25 - credit hire agreements were exempt from the Consumer Credit Act 1974 where the hire charges were required "to be paid within a period not exceeding twelve months beginning with the date of the agreement." (Jonathan Hough).
Clark v Ardington (HL) (2004) 1 AC 1067 - in test cases involving credit hire agreements entered into after road traffic accidents the agreements were not shams or pretences but were valid exempt credit agreements and were enforceable (Jonathan Hough).
Wilson v Secretary of State for Trade and Industry (CA) (2002) AB 74 - the provisions of s.127(3) Consumer Credit Act 1974 were incompatible with the rights guaranteed by Protocol 1 Art.1 and Art.6(1) European Convention on Human Rights since the absolute bar to enforcement of a regulated agreement that did not contain the terms prescribed by s.61 of the Act was a disproportionate restriction on the rights of a lender (Jonathan Hough).
Ketley v Gilbert (CA) (2001) 1 WLR 986 - a credit hire agreement, permitting the final payment to be made on the expiry of a 12-month period, permitted the final payment to be made after the 12-month period had expired. Accordingly, the agreement did not comply with the requirements of the Consumer Credit (Exempt Agreements) Order 1989 and was unenforceable (Tim Kevan).