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PI Brief Update

Credit Hire Agreements: Recent Cases - Kenneth Delaney, Atlantic Chambers

14/10/11. In what is the latest of a series of contractual points taken by defendants in an attempt to avoid paying for credit hire claims, insurers have sought to rely upon the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008. Defendants argue that if a claimant signs a hire agreement as a consumer at home or at work and during the course of a visit by a trader (the delivery driver) the hire agreement is unenforceable under the regulations unless pursuant to regulation 7(4) the consumer is provided with a notice of his right to cancel the agreement at the time he signs it.

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The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

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Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.