Marc Willems KC has secured a successful outcome in a recent credit hire appeal case, which will influence the ongoing legal battle between credit hire companies and RTA insurers.
The case centered on the possibility of misrepresentation during the initial phone call between an innocent driver seeking a replacement vehicle and the credit hire company. The defendant insurer alleged that the credit hire company might have misled the driver about the nature of the "free" replacement vehicle and used their online presence to appear as the driver's actual insurer.
However, Mr. Willems successfully argued, before Mrs Justice Dias, that the focus should be on the contractual relationship between the driver and the credit hire company. The court's decision was that the initial conversation's content was irrelevant if a valid agreement for the hire car was ultimately signed.
This judgment will have a significant impact in limiting insurers' ability to access credit hire companies' recorded phone calls with drivers seeking replacement vehicles. This could discourage attempts to use such calls to challenge the validity of credit hire agreements.
Marc Willems KC expresses his gratitude to Niall Amos from DGM Solicitors for instructing him on this case and for providing such excellent support.
Link to full judgement: https://www.bailii.org/ew/cases/EWHC/KB/2024/1060.htm
This site uses cookies that enable us to make improvements, provide relevant content, and for analytics purposes. For more details, see our Cookie Policy. By clicking Accept, you consent to our use of cookies.