Samuel represented the Claimant in a credit hire trial which saw issues of enforceability raised. In evidence, the Claimant gave evidence that they had been given assurances by the credit hire company or its agents that the Defendant would pay the hire charges. The Claimant gave evidence that he would not have entered into the contract had it not been for these assurances.
The Defendant raised the case of Kadir v Thompson and submitted that this was a case of fraudulent misrepresentation, that the contract was void and that the credit hire charges should not be recoverable. Samuel relied on Irving v Morgan Sindall Plc to rebut the Defendant’s case.
Samuel was successful at trial and prevented the contract from being deemed void, allowing the hire charges to be considered a recoverable loss.