Bhaiyat v Hart

Sarah Riley, instructed by Peter Ilal of Horwich Farrelly, successfully defended a claim involving significant credit hire charges, pleaded at over £50,000, arising from a road traffic accident.

The matter was allocated to the intermediate track. Quantum had been agreed prior to trial, leaving liability in dispute. The claimant alleged the defendant had driven through a red light, causing the collision. However, in evidence, the claimant made several amendments to her witness statement, which undermined the reliability of her evidence.

The Judge found that the weight placed on the claimant’s evidence was limited due to inconsistencies and amendments made during oral evidence. She did not accept that the defendant had driven through a red light and the claim was dismissed accordingly.

The claim had previously been allocated to the intermediate track and the defendant was therefore awarded their fixed costs. This included a percentage of the previously agreed quantum figures.

The defendant had also previously made a liability offer for commercial purposes, but the claimant had rejected this. The defendant was therefore also awarded interest on their fixed costs from the expiry of the relevant period.

For further information about Sarah’s work or to instruct her, please contact her clerks at [email protected] or visit her profile here.