Claims under £10,000 typically go on the small claims track with limited costs recovery. Claims between £10,000 and £25,000 go on the fast track, and larger claims on the multi-track. Track allocation affects what evidence and expert reports the court will allow, so it influences case strategy.
How do you prepare a credit hire case for the fast track?
Ensure all disclosure is complete early, including hire agreements, bank statements, repair invoices, and intervention correspondence. Prepare a witness statement that addresses every likely challenge point. Consider whether expert evidence on rates is needed and apply for permission if so. Time the statement exchange to allow for any last-minute evidence gathering.
Who has the burden of proof in a credit hire claim?
The claimant must prove the need for a hire vehicle, that the hire was reasonable, and the period of hire. If the defendant alleges the claimant could have hired more cheaply (the BHR argument), the burden of proving the Basic Hire Rate falls on the defendant with direct evidence of local rates.
What court directions apply to credit hire cases?
Courts typically give standard directions requiring disclosure of hire agreements, bank statements, repair invoices, and intervention correspondence. Fast track directions usually include deadlines for witness statements and may allow a single joint expert on rates. The exact directions vary by court and district judge.
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