In the June 2024 column, Lee Finch considers the recent judgment in Parker v Skyfire Insurance Company Ltd [2024] EWHC 1060 (KB), which concerned an appeal of a County Court judgment for non-party disclosure under CPR 31.17 in relation to a regulated consumer hire agreement.
Very often, issues that arise in credit hire cases have little to do with consumer credit (and consequently, consumer credit specialists are often not instructed). Nevertheless, on occasion, credit hire cases end up as leading authorities on central consumer credit issues such as the very meaning of “credit” (see Dimond v Lovell [2002] 1 AC 384). Over the years there have been a number of attempts by paying parties to reduce the amount recoverable in respect of credit hire or impugn the agreement entirely, most recently in Parker v Skyfire Insurance Company Ltd [2024] EWHC 1060 (KB) (3 May 2024), on the grounds of misrepresentation. This column considers the key issues that arose in this case and its potential wider consequences.
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