Lagden v O'Connor (2004)

This case held that impecunious claimants can recover the costs of additional services provided by Credit Hire companies because they do not have the financial means to consider an alternative method of hiring a replacement vehicle.

Whilst a claimant has a duty to take reasonable steps to mitigate his losses; the defendant also has the obligation of taking a claimant as he finds him. If a claimant’s only option is to use a Credit Hire vehicle he should not be precluded from claiming the full cost of this from the defendant’s insurers.

Meet the team

Bethany Blamire
Partner
Insurance Litigation
Southampton
023 8082 0549
07500 935 694
Insurance Litigation
Kelvin Farmaner
Partner & Head of Dispute Resolution Group
Insurance Litigation
Southampton
023 8082 0527
07500 935 553
Insurance Litigation
Sarah Wheadon
Partner
Health & Safety and Regulatory
Southampton
023 8082 0485
07881 343975
Health & Safety and Regulatory
Chris Whiteley
Managing Partner
Personal Injury
Salisbury
01722 426921
07884 184 580
Personal Injury
James Braund
Senior Associate - Personal Injury Solicitor in Poole
Personal Injury
Poole
01202 339014
07887 525 415
Personal Injury
James Parsons
Consultant Solicitor
Insurance Litigation
Southampton
01752 421590
07970 191 514
Insurance Litigation
Andrew Boba
Paralegal
Insurance Litigation
Southampton
023 8082 0495
Insurance Litigation
Victoria Barrington
Legal Secretary
Insurance Litigation
Southampton
023 8082 0520
Insurance Litigation
Angela Fraser
Legal Secretary
Insurance Litigation
Southampton
023 8082 0517
Insurance Litigation

First person - Insurance litigation

Kelvin Farmaner