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10 January 2025
Issue: 8099 / Categories: Case law , In Court , Law digest
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Law digests: 3 & 10 January 2025

Compensation

Ali v HSF Logistics Polska Sp ZOO [2024] EWCA Civ 1479

This was an appeal regarding a claim for hire charges following a road traffic accident where the claimant’s car did not have a valid MOT certificate at the time of the accident. The court determined that the defendant’s ‘causation defence’—arguing that the claimant could not recover hire charges because the use of their car without a valid MOT certificate would have been illegal—was misconceived and effectively an application of the ex turpi causa doctrine without the required assessment of proportionality. The court held that the absence of a valid MOT certificate did not alter the fact that the claimant suffered inconvenience and a need for transport due to the defendant’s tort, which could be compensated through hire charges. The court ruled that denying hire charges based solely on the lack of a valid MOT would be a disproportionate response to the relatively minor nature of that offence.


Costs

Chaudry v AXA Insurance Plc [2024] Lexis Citation 3787

This judgment dealt with an application made by the defendant

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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