Source: All England Reporter
Publisher Citation: [2002] All ER (D) 410 (Mar)
Court: Queen's Bench Division
Judge:

Morison J

Representation Julian Flaux QC and Alex Glassbrook (instructed by Morgan Cole, Reading) for the defendant.
  Ian Burnett QC and Robert Marven (instructed by Eversheds, Manchester) for S.
Judgment Dates: 26 March 2002

Catchwords

Disclosure - Disclosure against persons not parties to proceedings - Car hire company - Claimant's car damaged by defendant's negligence - Claimant hiring car - Hire company providing claimant with credit in respect of hired vehicle - Effect of hire agreement that charges could be recovered from defendant without claimant incurring liability to pay - Defendant seeking discovery from hire company - Judge refusing application - Whether judge in error - CPR 31.17.

The Case

In an action arising out of a road traffic accident where the claimant had hired a car pursuant to a hire contract under which she was provided with credit, in effect to enable the defendant to charge for the hire without the claimant having to pay herself, the defendant's application for disclosure by the hire company had been rightly refused since the matter which the disclosure pertained to was what proportion of the hire company's charges was for the actual hire of the car, could be ascertained by expert evidence without requiring disclosure from a non party to the proceedings.

Practice Areas

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