RTA Protocol—credit hire—taxi (Mr Said Bourous v London Borough of Islington)

Article summary

PI & Clinical Negligence analysis: The claimant, a licensed taxi driver, brought a claim including £11,825.49 in respect of hire charges relating to his taxi which was damaged in a road traffic accident (RTA). The hire claim was fully dismissed at the contested MOJ Stage 3 hearing as the claimant had not made a claim for, nor provided any evidence in support of loss of profit (Hussain v EUI Ltd followed). The claimant successfully appealed against that decision on the grounds that the defendant had failed to properly identity the basis for disputing hire within the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the RTA Protocol), having raised only the issue of rates within Stage 2 and the issue of loss of profit for the first time at the Stage 3 hearing itself (paras 7.41 and 7.66 of the RTA Protocol and CPR PD 8B considered). The dismissal was set aside. The court...