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Burdis v Livsey

8 November 2001
The issues

Damages – Road Traffic – Credit Repair

The facts

The Claimants car was damaged in a road traffic accident. He went to a Credit Repair Company and his vehicle was repaired under a credit agreement. The Judge found that the credit agreement was unenforceable. However the Judge also found that although the Claimant had repairs done at no expense to herself she should still be entitled to an award of damages for the cost of those repairs. The Defendant appealed.

The decision

1. Damages were compensatory.

2. Jones v Stroud District Council contained a passage from Lord Justice Neal which the Claimant relied upon to the effect that on proof of damage to a thing owned by a person the Court was not concerned to enquire whether the cost had been born out of the person’s own pocket or from some other source.

3. However this passage was impossible to reconcile with the House of Lords decision in Hunt v Severs or Dimmond v Lovell. Jones was therefore no longer good law.

4. This case did not fall into either of the two exceptions to the rule against double recovery. The Appeal would be allowed.

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