Majid Ali (appellant) v HSF Logistics Polska SP. ZO.O (respondent)
Thursday 17 October 2024
By Appellant’s Notice filed on 26 September 2023, the Claimant (C) appeals against the order made by Martin Spencer J dated 6 September 2023 dismissing C’s appeal from the order of Recorder Charman.
The Recorder rejected an argument that such a claim fails on the ordinary illegality grounds explained in Patel v Mirza [2016] UKSC 42.
He held that there was no illegality defence because a failure to MOT a car did not meet the third limb of the test stated in Patel because to defeat the claim on this ground would amount to disproportionate overkill.
But the Recorder went on to hold that the claim was nonetheless defeated on the grounds of causation, stating that the C’s use of the car pre-accident was unlawful, so the accident cannot have been said to have caused him any legitimate loss of use to be compensated by way of hire charges.
The issue is whether a claim for hire charges incurred after a motor accident is defeated where, at the time of the accident, the C was driving without an MOT.
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