CLARK v TULL T/A ARDINGTON ELECTRICAL SERVICES DENNARD v PLANT SEN v STEELFORM ENGINEERING CO LTD LAGDEN v O’CONNOR BURDIS v LIVSEY

[2002] Lloyd's Rep IR 524

COURT OF APPEAL

Before Lord Justice Aldous Lord Justice Tuckey and Lord Justice Jonathan Parker

Insurance (motor) - Credit hire - Subrogation - Owners of damaged vehicles entering into credit hire agreements covering cost of replacement car and taking out insurance policies against risk of non-payment by Defendants - Whether policies valid - Whether credit hire agreements were consumer hire agreements within the Consumer Credit Act 1974, section 15 - Whether agreements were exempted from the 1974 Act by Consumer Credit Exempt Agreements Order 1989 - Measure of damages recoverable from Defendants - Calculation of local spot rate for hiring charges - Whether interest recoverable from Defendants.