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Car Crash Line Limited v Branton Edwards, Court of Appeal

23 April 2002
The issues

Consumer Credit Act – credit hire.

The facts

This case arose out of a Case Management decision of the Judge that there be a preliminary issue as to whether or not the Claimants in this case had a restitutionary remedy against their customers to recover on a quantum meriut basis and secondly against any monies recovered by their customers from third parties attributable to claims for loss of use.

The action itself related to the claim against the Defendant’s Solicitors who had advised Car Crash Line Limited before negligence. The Defendant’s Appeal was dismissed, but in doing so, the Court of Appeal commented that a claim for restitution would be problematic after Dimmond. They noted that this case would be affected by the decision of the House of Lords in Wilson -v- First County Trust Limited which was expected to go to the House of Lords in October 2002.

It was unclear what would happen in the future, particularly as to whether or not the Secretary of State would put forward any new legislation that might be compatible with the Human Rights Act.

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The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

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