Personal Injury

Credit Hire

Zenith has a very experienced, skilled and highly knowledgeable team that regularly represent both claimants and defendants at all stages of court proceedings through to trial. Our team cover the full breadth of work ranging from low value claims through to those allocated to the multi track.

Members of the team have been appointed to panels operated by CHOs (Credit Hire Organisations) and/or leading insurance companies.

The team is able to provide bespoke in house training or case specific written advice on all manner of issues that arise within these types of claim including, by way of example:

  • Vehicle damage and diminution in value
  • Bailees in possession
  • Fraud/fundamental dishonesty
  • Exturpi causa non oritur actio
  • Profit earning chattels
  • Impecuniosity
  • Use of own policy of insurance
  • Enforceability: Consumer Credit Act 1974, Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2013, Consumer Credit (EU Directive) Regulations 2010, Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
  • Intervention letters offering replacement vehicles
  • Basic Hire Rates evidence

The team is able to advise on procedure and tactics to deploy in relation to these claims having considerable experience of conducting them from both sides of the disputes.

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John Boumphrey Year of Call 1992

John has acted in credit hire cases from 1994 onwards. At various times he has been on the approved counsel panels for Accident Exchange, True, Winn and Enterprise.

He has provided update lectures on credit hire and low velocity impact and keeps up to date in these relevant areas of law.

He has extensive driving experience; prior to being called to the bar he was trained by Central Relief Services as an emergency response driver; has completed driver training at Hendon Police College; held an RAC Racing permit for two years; has driven under race conditions from London to Monte-Carlo. He has driven 3 tonne trucks, holds a full motorcycle licence, and cycles. John is a prospective panel member for Auto Resolutions.

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Simon Ross Year of Call 1999 

Simon has a wealth of experience in providing written advice
on credit hire issues, drafting pleadings and/or in representing parties at trial and on appeal. He spent a number of years appointed to an exclusive panel created by one particular credit hire company, but since then has acted for both claimants and defendants.

He is typically only instructed in multi-track value claims involving credit hire losses or in cases where there are particularly tricky points of procedure or law being argued over.

Simon receives regular repeat Instructions from national CHOs and Insurers. He is available to provide [and has previously provided] bespoke in-house training on all manner of issues that arise in credit hire cases and with respect to the practical aspects of running or defending such claims.

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Vilma Vodanovic Year of Call 2002

Vilma has dealt with credit hire cases since the very beginning of her practice. She has over the years gained a wealth of experience in dealing with higher end fast-track and multi-track cases, acting for both claimants and defendants, where all manner of arguments are raised from enforceability points and compliance with various Regulations to the more basic arguments as to need, period, impecuniosity and basic hire rates. She has on numerous occasions cross-examined basic hire rates witnesses on their witness statements and questioned their methodology.

Acting for both sides allows Vilma to anticipate the arguments that are going to be made on each side and to be able to evaluate the strength of each argument made. She is often called upon to advise claimants in cases involving tricky points as to enforceability or compliance with various relevant Regulations in the field of credit hire, or to plead robust pleadings on behalf of defendants raising technical points.

Vilma regularly lectures on the topic, both at seminars and in-house training sessions, and writes articles on recent developments in the world of credit hire.

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Ruwena Khan Year of Call 2005

Ruwena is a highly experienced and skilled credit hire practitioner. She has extensive knowledge and in-depth understanding of credit hire litigation. As a result, Ruwena is regularly instructed to advise law firms and also CHOs as to both procedural and legal strategy at all stages of proceedings, including pre-issue.

Ruwena is a thorough and robust advocate instructed in trials on behalf of both Claimants and Defendants at both fast track and multi-track level. She is accustomed to dealing with a wide variety of contentious legal issues such as enforceability, misrepresentation and fraud.

Ruwena frequently delivers seminars to all levels of credit hire practitioners, from paralegals to Partners. She provides updates as to both law and practice, giving insight into potential tactical advantages.

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Bronia Hartley Year of Call 2006

Bronia has extensive experience acting for both claimants and defendants in credit hire litigation on the fast and multi tracks and she regularly writes and delivers training in this area. 

In addition to those issues which arise as standard in cases concerning credit hire, Bronia is fully versed in all arguments regarding:

  • Ex turpi causa 
  • Profit earning chattels
  • Enforceability 
  • Intervention letters
  • Fraud/fundamental dishonesty 

Bronia is appointed to the Attorney General’s Panel B of Junior Counsel.

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Frances Lawley Year of Call 2007

Frances has a keen interest in the field of credit hire litigation. She accepts instructions from both claimants and defendant insurers and is attuned to the various issues involved including the impact of litigation on the lay client. Frances has a wealth of experience in drafting pleadings in complex matters as well as drafting Part 18 requests and replies.

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Chris Rafferty Year of Call 2010

Chris has been involved in credit hire litigation since the start of his practice in 2012 and has appeared on behalf of both Claimants and Defendants at all levels, from straightforward small claim hearings to complex multi-track hearings. Chris has particular experience in claims involving fleet vehicles.

Whilst much of Chris’ work will inevitably be based in the North and North East, he travels all over the country to deal with fast and multi-track credit hire matters. Recent cases have taken place in Chatham, Dudley, Clerkenwell, Birmingham and elsewhere.

With the above experience Chris is very familiar with the wealth of credit hire decisions, from Dimond to McBride, and all of the issues they entail – enforceability, impecuniosity, intervention letters, consumer credit regulations and more.

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Helen Rutherford Year of Call 2010

Helen is highly experienced in claims involving credit hire. She acts for both Claimants and Defendants, and has particular expertise in matters involving fleet vehicles. Helen is regularly instructed on both fast and multi track claims for credit hire all over the country. Having been instructed on a significant number of cases, Helen is very experienced in dealing with cases involving enforceability disputes, defects in the credit hire agreements, and application of the Regulations.

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Jonathan Holsgrove Year of Call 2011

For a number of years Jonathan has maintained a practice in the specialist area of credit hire litigation.  He regularly appears on behalf of both Claimants / Credit Hire Organisations and Defendants.  He accepts instructions for court hearings on liability, quantum, oral applications and CCMCs all relating to credit hire.   Jonathan has experience in all aspects of credit hire claims but has a particular interest in claims involving bailees in possession.  Over the last 3 years Jonathan has completed hundreds of hearings in the Small, Fast and Multi Tracks. Given his expertise in personal injury claims Jonathan is the perfect advocate to deal with any credit hire claim also involving claims for general damages. Work can be accepted on a CFA basis where appropriate.

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Colin Richmond  Year of Call 2012

Colin has many years experience of dealing with credit hire claims. He is regularly instructed in fast and multi track credit hire matters by both claimants and defendants. Colin has significant experience of issues such as enforceability, need, period, rate, “Copley” offers, impecuniosity and mitigation generally. As part of his court practice Colin regularly appears in cases involving high value credit hire claims, often involving prestige vehicles. He also regularly appears in cases involving credit hire claims for taxis. In addition to his court practice, Colin is happy to draft pleading and Part 18 questions and to advise on credit hire matters generally. As well having an excellent knowledge of technical credit hire arguments, including those arising from recent cases such as McBride v UKI, Stevens v Equity and Zurich v Umerji, Colin is sensitive to the commercial reality of credit hire claims for both claimants and defendants.

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Elliot Kay Year of Call 2013

Elliot has dealt with credit hire cases from the outset of his practice in 2014. Elliot regularly appears for both Claimants and Defendants at all levels of credit hire litigation, ranging from small claims hearings to multi track trials.

Elliot has experience of dealing with the full range of issues which frequently arise in credit hire cases, including the enforceability of credit hire agreements, regulatory compliance, intervention and impecuniosity in addition to the more straightforward issues of need, period and rate. Elliot has regularly given seminars and lectures on credit hire since joining chambers in 2014. Elliot is a member of the Attorney General’s Panel of Counsel and a prospective member of the Auto Resolutions Panel.

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Peter Yates Year of Call 2014

Peter has extensive experience of acting in credit hire cases, both for Claimants and Defendants. He is regularly instructed in small claim and fast track matters. He is familiar with the full range of credit hire matters, including enforceability, impecuniosity, basic hire rates and collision damage waivers. Peter also advises in writing on credit hire issues. Peter has also provided training and updates to solicitors on credit hire matters.

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Jasmine Chan Year of Call 2014

Jasmine is very experienced in credit hire litigation, acting for both Claimants and Defendants. She is regularly instructed in both small claim and fast track hearings, and frequently successfully argues issues of misrepresentation and enforceability of contracts.

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Kelly Cronin Year of Call 2017

Kelly is regularly instructed in credit hire matters on the small claims track. She undertakes both Claimant and Defendant work. She has a good practical knowledge of this area of law and keeps herself up to date with all new developments.

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