0370 270 6000

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.

Focus on...

Legal updates

Court of Appeal confirms exclusive English jurisdiction clause in excess liability policies in Canadian pipeline dispute

On 10 June 2022 the Court of Appeal upheld an anti-suit injunction granted in favour of insurers by Mr Justice Jacobs in September 2021 restraining proceedings from being brought in Canada and enforcing the exclusive English jurisdiction clause in excess liability policies.



Payment Fraud landscape shaped by technology in 2021

Payment systems across Europe are under increased pressure to mitigate fraud risks and defend against persistent attacks from enablers using ever more sophisticated and malicious viruses and malware.


Legal updates

Gosden and another v Halliwell Landau and another [2021] EWHC 159 (Comm)

This claim addressed the question, of when the date for assessment of damages in cases of negligence should be determined and shows that when appropriate the Courts will depart from the default position.


Legal updates

Assessing the scope of employers liability – Chell v Tarmac

These were the opening remarks of Mr Justice Martin Spencer when handing down his Judgment in the recent case of Andrew Chell v Tarmac Cement and Lime Limited [2020] EWHC 2613, the latest in a series of appeals dealing with the scope of vicarious liability.


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.

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up