In the recent English Court of Appeal case Ali v HSF Logistics Polska Sp. z o.o. [2024] EWCA Civ 1479, the court considered whether a claimant could recover credit-hire charges after a non-fault collision despite his vehicle lacking a valid MOT certificate. The claimant’s vehicle had been hit while parked, rendering it unusable and he hired a replacement vehicle on credit-hire terms incurring additional costs. At the time of the accident the vehicle’s MOT had been expired for several months.
The Defendant’s Arguments: Ex Turpi Causa and Causation
The defendant argued that the claim should fail on the basis of ex turpi causa and causation, asserting that the claimant’s failure to hold a valid MOT either made the hire unlawful or broke the chain of causation. The Court of Appeal rejected these arguments, holding that the claimant’s loss of use of the vehicle was a compensable loss caused by the defendant’s negligence. The court emphasised that the regulatory breach was minor and denying recovery of the hire costs would have been disproportionate. This establishes that in English credit-hire claims, minor technical breaches like an expired MOT do not automatically bar recovery, provided the primary loss arises from the defendant’s tortious act.
How Northern Ireland Courts May Approach Expired MOT Defences
While the decision is not binding in Northern Ireland, it is highly persuasive. Northern Irish claimants facing similar defences based on an expired MOT can argue that the main cause of loss is the defendant’s negligence rather than the lapse in MOT compliance. Each case remains fact-sensitive and courts in Northern Ireland will consider other factors including vehicle roadworthiness, the seriousness of the MOT lapse and the necessity of the hire. The Ali decision therefore provides strong guidance for claimants seeking to recover credit-hire costs, helping to support arguments against disproportionate reductions in damages.
Specialist Advice on Credit Hire Claims in Northern Ireland
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