Cabot Financial Ireland Data Breach – Know Your Rights and How to Claim Compensation

Lacey Solicitors are now initiating legal proceedings against Cabot Financial Ireland Limited on behalf of affected individuals. If your personal or financial data was compromised in the recent cyberattack, you may be entitled to claim compensation for both financial losses and emotional distress.


What Happened?

 

In September 2024, Cabot Financial Ireland Limited, a prominent debt collection and credit servicing firm regulated by the Central Bank of Ireland, suffered a significant cyberattack. The breach involved the theft of approximately 394,000 sensitive data files. These files contained personal, financial, and in some cases, even health-related or marital status information.

The compromised data affects:

  • Cabot’s direct customers

  • Customers of financial institutions for whom Cabot acts as credit servicer

  • Current and former Cabot employees

The exposed information includes:

  • Names, addresses, and contact information

  • Loan book and debt details

  • Potentially sensitive information shared by customers (e.g. health issues or family circumstances)

Cabot’s website and phone systems were temporarily disabled following the attack, and forensic IT specialists were brought in to assess the extent of the damage.


Cabot Financial Ireland Limited’s Response and Public Concern

 

Cabot states it has:

  • Notified the Data Protection Commission (DPC), Central Bank of Ireland, and Garda National Cyber Crime Bureau

  • Obtained a protective court order to reduce the likelihood of stolen data being misused online

  • Begun contacting impacted individuals

However, many former customers and staff have criticised the speed, clarity, and scope of these communications. Some did not receive timely notification despite their data being involved.


Your Rights as a Victim of a Data Breach

 

Under GDPR (General Data Protection Regulation) and the Data Protection Act 2018, individuals have a legal right to claim compensation when their personal data is exposed due to a company’s failure to protect it.

You may be eligible to claim for:

Material Damages

  • Fraudulent transactions

  • Identity theft

  • Out-of-pocket costs for credit monitoring or account security

  • Lost income

  • Banking and administrative fees

Non-Material Damages

  • Anxiety, distress, and emotional upset

  • Fear of future misuse of your personal data

  • Loss of sleep or mental wellbeing

  • Reputational damage or embarrassment

Recent developments in Irish data protection law outlined previously by our office namely the Supreme Court decision in Dillon v Irish Life Assurance PLC [2025] IESC 37 has removed the requirement to obtain IRB authorisation for such claims, as they do not constitute personal injuries. This has significantly reduced the procedural burden for claimants, allowing claims to proceed directly in the District Court (for amounts up to €15,000.00), making the process quicker and more accessible.

In the context of the Cabot breach, where nearly 400,000 files containing personal and financial data were compromised, these legal standards are highly relevant. Many affected individuals are likely to have experienced emotional consequences, such as fear, distress, or anxiety, especially if the compromised data included sensitive information like marital or health status. Based on recent court awards in similar cases—ranging from €2,000.00 to €7,500.00 for non-material harm—Cabot may face a significant volume of claims.

Lacey Solicitors is now writing to Cabot Financial Ireland Limited, representing victims seeking compensation for the violation of their data rights.


Lacey Solicitors – Data Breach Litigation Solicitors

 

At Lacey Solicitors, we are now intimating formal legal proceedings against Cabot Financial Ireland Limited. We are representing individuals affected by the breach and seeking compensation for both material and non-material damages.

We understand how unsettling it is to learn your private information may be in the hands of criminals. Ruaidhrí Austin, Partner is experienced in both Defence and Plaintiff GDPR litigation, and is committed to helping you secure the compensation you deserve.

We can assist with:

  • Submitting a Subject Access Request (SAR) to confirm if your data was affected

  • Gathering evidence of emotional distress or financial harm

  • Managing the full legal process with clear and transparent legal fees.


What Should You Do Now?

 

If you suspect or know that your data was part of the Cabot data breach, you should:

  1. Contact Lacey Solicitors for a confidential case review

  2. Request confirmation from Cabot via a Subject Access Request (we can assist with this)

  3. Monitor your financial accounts for suspicious activity

  4. Report any suspected fraud to the Gardaí

  5. Follow cybersecurity best practices — e.g. change passwords, enable 2FA, and avoid phishing scams


How to Spot Suspicious Activity

 

Criminals may now impersonate Cabot or use your stolen information to conduct scams. Be wary of:

  • Unsolicited emails or phone calls asking for bank details

  • Messages claiming your Cabot account is in arrears or frozen

  • Unfamiliar credit card or loan applications appearing on your credit report

  • Social engineering attempts using your personal details

Cabot has published advice on how to protect yourself, and we encourage all victims to also consult trusted sources like:


Contact Lacey Solicitors, Data Breach Solicitors, Belfast & Dublin

 

If you believe your personal information was exposed in the Cabot data breach, contact Lacey Solicitors today. With offices in Dublin and Belfast, our experienced team specialises in data protection and privacy claims, and we are currently acting on behalf of individuals affected by this breach. We offer clear, confidential advice on your rights under GDPR and can help you pursue compensation for the harm caused.

Call us on +353 1 513 4375 (Dublin) or +44 28 9089 6540 (Belfast), or contact Lacey Solicitors today for a free consultation using our Online Portal.

 

Data Protection Litigation in Ireland : Irish Supreme Court Clarifies Emotional Distress Is Not a Personal Injury Under PIAB Legislation

In a decision that brings long-awaited clarity to to those dealing with Data Protection litigation in Ireland, the Supreme Court has ruled that emotional harm — including distress, anxiety, upset, and inconvenience — does not amount to a personal injury under the Personal Injuries Assessment Board Act 2003 (the PIAB Act) unless it constitutes a recognised psychiatric disorder.

The ruling in Dillon v Irish Life Assurance plc [2025] IESC 37 redefines the threshold between personal injury and non-injury claims and has significant procedural implications for data breach litigation, negligence claims, and cases seeking compensation for emotional harm. The judgment confirms that not all emotional damage attracts the legal protections afforded to personal injuries, and that IRB authorisation is not required for certain classes of claims.


Background to the Case: A Data Breach and a Procedural Dispute

 

Mr Patrick Dillon initially brought an action in the Circuit Court against Irish Life Assurance plc, claiming compensation for emotional harm after his private policy documentation was repeatedly sent to a third party in error — six times over a twelve-year period.

He alleged distress, anxiety, upset, and inconvenience arising from these data breaches, but did not claim to have suffered any physical or psychiatric injury, nor did he apply to PIAB for authorisation before issuing proceedings — a step usually required in personal injury cases under section 12 of the PIAB Act. The case was brought by Equity Civil Bill, rather than the Personal Injuries Summons format used in injury litigation.

The Circuit Court dismissed the claim as frivolous or bound to fail on the basis that it constituted an unauthorised personal injury action. The High Court upheld that dismissal. However, the Supreme Court granted leave to appeal, recognising that the issues raised were matters of public interest to those dealing with Data Protection litigation in Ireland.


To be – or not to be – a Personal Injury?

 

Delivering the unanimous decision, Murray J provided a detailed examination of both statutory and common law interpretations of “personal injury” in Irish law.

 

Emotional Distress Without Psychiatric Injury Is Not a Personal Injury

 

The Court held that claims for emotional distress alone — such as worry, stress, upset, or anxiety — do not constitute personal injuries within the meaning of the 2003 Act unless they are supported by evidence of a recognised psychiatric disorder.

This position is consistent with long-standing case law, including:

  • Kelly v Hennessy [1995] 3 IR 253, where the Supreme Court required evidence of psychiatric illness to ground a claim in negligence;
  • Fletcher v Commissioners for Public Works [2003] 1 IR 465, which reaffirmed that “grief or sorrow” without accompanying injury is not actionable; and
  • Murray v Budds [2017] IESC 4, in which the Court confirmed there is no stand-alone right to damages for emotional upset alone.

Murray J rejected the lower courts’ finding that the distress Mr Dillon described fell within PIAB’s jurisdiction. The Court concluded that the 2003 Act was never intended to apply to non-clinical emotional harms, and requiring PIAB authorisation in such cases would misapply the legislation.


Two Distinct Legal Pathways for Privacy-Related Emotional Harm and Data Protection Litigation in Ireland

 

The judgment clarified that claimants alleging emotional harm from data breaches or privacy violations must now choose between two distinct procedural avenues, depending on the nature of their injury:

  1. Psychiatric Injury Track:
    Where a data breach results in a medically recognised psychiatric condition — such as depression, PTSD or anxiety disorder — the case is treated as a personal injury action and requires IRB authorisation.
  2. Emotional Distress Track:
    Where the plaintiff claims non-clinical distress, such as inconvenience, worry, or temporary anxiety, the claim does not fall under the IRB regime. These actions may be pursued directly in court without prior authorisation.

The judgment acknowledged the trade-off between the two tracks. The IRB system is more cost-effective and efficient but offers less flexibility than litigation before the courts.   We previously published an article on How Irish Courts Are Handling Data Breach and GDPR Claims.  Time will tell which route now becomes more common, particularly in data protection and consumer claims.


The Limits of Negligence for Emotional Distress

 

The Court also clarified that where emotional harm falls short of psychiatric injury, negligence is not a viable cause of action. This is because emotional upset alone does not meet the “damage” element required to sustain a tort claim in negligence.

As Murray J noted, Irish law has long distinguished between recognised injury and non-actionable emotional disturbance. While emotional distress may sometimes be compensable in contract or under statute (such as the Data Protection Act 2018), it does not transform into a personal injury for other legal purposes.


The Role of GDPR and the Data Protection Act 2018 for Data Protection Litigation in Ireland

 

Mr Dillon had also brought his claim under section 117 of the Data Protection Act 2018, mirroring Article 82(1) of the GDPR, which allows for compensation for both material and non-material damage.

While this legislative framework supports recovery for distress caused by data breaches, the Court confirmed that such claims do not become personal injury claims unless psychiatric injury is present. This distinction preserves access to redress under data protection law without triggering the procedural requirements of IRB.


A Warning on Pleading and Procedure

 

One of the most important procedural lessons from the case was the emphasis placed by the Court on accurate pleading. Murray J stated repeatedly that it is the responsibility of the plaintiff — not the courts or defendants — to clearly state:

  • The type of harm for which compensation is sought, and
  • The legal basis of the claim (tort, statute, contract, etc.).

Mislabelled claims, or those that blur the boundaries between personal injury and non-injury proceedings, may be vulnerable to procedural objections — or worse, outright dismissal.

Solicitors are now on clear notice that claims involving emotional distress should only proceed through IRB where there is evidence of psychiatric diagnosis. Otherwise, they must be pleaded accordingly and initiated through the ordinary civil courts.


What Can Insurers and Data Controllers Learn 

 

This Supreme Court decision provides much-needed clarity for claimants, insurers, and legal practitioners:

  • Emotional upset claims without psychiatric evidence can now proceed outside the IRB regime.
  • IRB authorisation is only required for personal injuries supported by medical or psychiatric diagnosis.
  • Negligence claims for emotional harm alone are likely to fail, as they lack the injury element.
  • GDPR/data breach litigation can proceed in court for non-material harm, but awards are likely to be modest without clinical injury.
  • Solicitors must ensure claims are accurately pleaded and the correct procedural route is followed.

Final Thoughts from Lacey Solicitors

 

The judgment in Dillon v Irish Life marks a another turning point in Irish litigation. It draws a firm procedural and legal boundary between actionable personal injury and general emotional harm — offering clarity where confusion had prevailed.

At Lacey Solicitors, we act for both claimants and insurers in personal injury, insurance disputes, and data protection litigation across Dublin, Belfast and beyond. Whether you’re seeking to initiate proceedings or responding to a claim involving a data breach, our experienced litigation team can advise on the correct legal framework and best course of action.  Use our Online Portal to speak with a member of our team.

Diminution in Value in Car Accident Claims. Lessons from McCausland v Tesco [2025]

McCausland Holdings Ltd v Tesco Underwriting Ltd [2025] NICty 4, is a Belfast County Court judgment that addressed diminution in value in car accident claims.  Lacey Solicitors addressed diminution in our previous article last month and comon issues for insurers dealing with these types of claims.

This new judgment however also addresses whether both the bailee and bailor following a car accident can bring claims seperately for repairs and depreication, or does a settled claim extinguish all rights of further recourse?

This case is helpful insofar that it revisits a number of important principles namely diminution in value, and bailment, while confirming the continuing relevance of res judicata and the rule in Henderson v Henderson in the context of motor claims.


The Facts

 

The Plaintiff, McCausland Holdings Ltd, owned a Toyota Prius provided to a driver, Mr Hamid, under a Rent-to-Own agreement. In May 2023, the vehicle was involved in a collision with a driver insured by the Defendant, Tesco Underwriting Ltd. Mr Hamid issued proceedings for vehicle repairs, hire charges, and loss of earnings. That case settled for £5,000 “in full and final settlement of any claims on behalf of the plaintiff arising out of the accident…”

Subsequently, McCausland Holdings Ltd issued a separate action, seeking £1,000 in respect of diminution in market value of the vehicle. The Defendant sought to strike out the new action.


Bailor and Bailee: Who Can Sue?

 

The court reaffirmed the principle from The Winkfield [1902] P 42 and Armstead v RSA [2024] UKSC 6 that both bailor and bailee may have rights to claim, but double recovery is impermissible:

“A bailee in possession of property can claim damages from a stranger whose negligence results in the loss of, or physical damage, to the property.” [para 8]

District Judge Logue confirmed:

“There existed a bailor/bailee relationship between Mr Hamid and McCausland Limited… The possession of the subject vehicle was for a specific purpose and with the permission of the legal owner.”

Quoting the Supreme Court in Armstead, she further noted:

“The bailor and bailee may each be entitled to sue for loss of or damage to property. The only restriction is that there cannot be double recovery… A wrongdoer who has already paid compensation to the bailee… has an answer to such a claim by the bailor.”


Diminution in Value in Car Accident Claims or Depreciation: Two Sides of the Same Coin

 

A question for the court was whether depreciation following repairs was a distinct loss from the cost of repair, and therefore separately recoverable?  The Court came to the determination that both are merely different methods of quantifying diminution in value.

Citing Coles v Hetherton [2013] EWCA Civ 1704, the Court emphasised:

“The proper measure of [damage] is the diminution in value… This follows the general principle in awarding damages, ie that of restitution… If the chattel can be economically repaired, the claimant is entitled to have it repaired… although the claimant is not obliged to repair… to recover the direct loss suffered.”

And crucially:

“Depreciation is not a separate distinct loss, it is part of the measure of the direct loss, i.e., the overall diminution in value arising from the damage caused.”

“The cost of repairs and depreciation are elements of diminution in value and do not represent different losses – they are both measures of the same direct loss.”


Res Judicata and Abuse of Process

 

The Court held that Mr Hamid’s earlier proceedings had already dealt with the diminution in value of the vehicle, notwithstanding that depreciation was not explicitly pleaded as a head of claim in the Replies to Particulars.

“In pursuing a claim for the cost of repairs Mr Hamid has already brought a claim for diminution in value of the subject vehicle setting out a claim for general damages in respect of same.”

The signed settlement agreement between Mr Hamid and Tesco Underwriting explicitly stated it was:

“In full and final settlement of any claims on behalf of the plaintiff arising out of the accident.”

Drawing from Henderson v Henderson [1843] 3 Hare 100, the Judge confirmed:

“The rule requires parties to bring forward their whole case… and will not (except under special circumstances) permit the same parties to open the same subject of litigation in respect of matters which might have been brought forward…”

While the Plaintiff’s counsel sought to invoke Johnson v Gore Wood & Co [2000] UKHL 65 and the Article 6 ECHR right of access to justice, the Court found those arguments unpersuasive:

“There is no interference with the plaintiff’s Article 6 rights as the claim for diminution in value has already been advanced and settled.”


Conclusion

 

District Judge Logue’s decision to strike out the claim is a careful and thorough application of a number of important principles in litigation. It guards against duplicity of proceedings, reaffirms the position in diminution in value in car accident claims and ensures that defendants are not exposed to serial litigation by different parties for what is in truth a single harm.

“The earlier action included a claim for cost of repairs. Those costs were claimed as general damages… I find that a claim for diminution in value… has already been advanced, and the plaintiff is precluded from re-opening the claim.”

For insurance law practitioners, this case is a prime example of how established doctrines in bailment, damages and procedural fairness intersect in modern litigation involving vehicle financing arrangements.

How Irish Courts Are Handling Data Breach and GDPR Claims

Lacey Solicitors, are known and respected as Insurance Defence litigators and represent a number of insurers across the entire island of Ireland.  Our office is at front of one of the fastest-growing areas of litigation namely Data Breach Claims in Ireland.  Particularly, those involving non-material damages—claims for emotional harm like distress or anxiety, rather than specific financial loss.


What Are Non-Material Damages?

 

Under Article 82 of the GDPR, individuals can claim compensation for:

  • Material damage (e.g. financial loss)
  • Non-material damage (e.g. distress, anxiety, embarrassment, or loss of control over personal data)

These claims are supported by the Data Protection Act 2018 in Ireland.


Where Are These Claims Heard?

 

As of January 2024, the District Court can hear data protection claims up to €15,000. This makes it the default forum for most non-material damages claims. If a claim is filed in the Circuit Court but is worth less than €15,000, insurers should seek to remit it to the District Court to reduce costs.


Do Claimants Need PIAB/IRB Authorisation?

 

Previously yes.  If the claim involved distress, anxiety, or upset, it was be considered a personal injury. In that case, the claimant needed an authorisation from the Injuries Resolution Board (IRB) before issuing proceedings.

The Supreme Court judgment in Dillon v Irish Life Assurance PLC [2025] IESC 37 recently  overturned that previous position. the High Court’s decision in Keane v CSO which held that IRB authorisation was a prerequisite for non-material damage claims arising from data breach.

The Supreme Court ruled that a freestanding claim in tort or contract seeking damages solely for emotional disturbances like anxiety, distress, and upset, which do not amount to a recognised psychiatric disorder, is not considered a “personal injury” claim under the PIAB Act 2003, and thus does not require PIAB authorisation as a prerequisite.


Key Irish and EU Cases

 

Here are the most important cases shaping how non-material damages are assessed:

Irish Cases

 

  1. Kaminski v Ballymaguire Foods Ltd [2023] IECC 5
    • Facts: Employee’s photo used in a training session without consent.
    • Award: €2,000 for distress and embarrassment.
    • Key Point: No medical evidence needed; plaintiff’s testimony was enough.
  2. MH v Child and Family Agency (Tusla) [2023]
    • Facts: Sensitive childhood abuse data disclosed to third parties.
    • Award: €7,500 for emotional harm.
    • Key Point: Seriousness of breach and lack of mitigation increased the award.
  3. McCabe v AA Ireland Ltd [2024] IECC 6
    • Facts: Employee was secretly recorded by a manager while on sick leave.
    • Award: €5,500 for distress and embarrassment.
  4. Dillon v Irish Life Assurance PLC [2025] IESC 37
    • Issue: Whether PIAB authorisation is needed for distress claims.
    • Decision: No—distress and anxiety do not fall under personal injury.

EU Cases (CJEU)

 

  1. Österreichische Post (C-300/21)
    • Key Point: A GDPR breach alone is not enough—actual damage and a causal link are required.
  2. VB v Natsionalna agentsia za prihodite (C-340/21)
    • Key Point: Data controllers must prove they had strong security in place. Strict liability doesn’t apply automatically, but the burden is high.
  3. AT, BT v PS GbR (C-667/21)
    • Key Point: Fear of future misuse of data can be compensable—but only if it’s real and proven, not hypothetical.

What can you receive Compensation for?

 

Under the GDPR, individuals can claim compensation for certain types of emotional harm caused by data breaches. Compensable non-material damages include distress, anxiety, embarrassment, and loss of control over personal data—these are recognised by courts as legitimate impacts of a breach.

However, not all emotional responses qualify. Mere upset or annoyance, as well as hypothetical fears that are not supported by evidence, are generally not compensable. Courts require a clear and demonstrable link between the breach and the emotional harm suffered.


How Much Are Courts Awarding for Data Breach Claims in Ireland?

 

Type of Breach Typical Award (€)
Minor (e.g. Kaminski) €500 – €2,500
Moderate (e.g. McCabe) €2,500 – €5,500
Serious (e.g. MH) Up to €7,500

Awards over €10,000 are rare and would require exceptional circumstances.


Strategies for Insurers dealing with Data Breach Claims in Ireland

 

When defending GDPR-related claims, insurers should take a practical and proactive approach. One of the first steps is to assess whether the case belongs in the District Court, especially if the claim is under €15,000—this can help manage legal costs more effectively. Insurers should also look closely at the evidence—is there clear proof of actual harm and a direct link to the alleged breach? If not, that’s a strong basis for challenge.

Taking early steps to apologise and correct the issue can also go a long way in reducing potential damages. In some cases, if the data in question is already accessible through a secure online portal, that may be enough to satisfy the claimant’s request. Finally, it’s worth considering mediation or other forms of alternative dispute resolution to settle matters quickly and avoid drawn-out litigation.


What About Cyberattacks?

 

Insurers should note:

  • Controllers are not automatically liable for every breach.
  • They must show they had strong security measures in place.
  • In complex cases, expert evidence may be needed to prove the breach was unforeseeable.

Need help defending a Data Breach Claim in Ireland?

 

At Lacey Solicitors, we offer expert legal advice and proven defence strategies tailored to the needs of insurers, businesses, and data controllers across Ireland. Ruaidhri Austin, Partner deals with data protection claims, as well as broader issues involving privacy law and cyber security. Whether you’re facing a data breach allegation, a non-material damages claim, or need guidance on compliance, Ruaidhri and our dedicated team are here to help.

Click through to our online portal to arrange a confidential discussion and see how we can support you:

Lloyd v RSA [2015]: Roadworthiness and the Reasonableness of Hire Duration

In this recent decision of the High Court in Northern Ireland, Lloyd v RSA Insurance, McLaughlin J considered a claim arising from a damage-only road traffic collision.  His commentary provides sound guidance on issues such as vehicle roadworthiness, mitigation of loss, and reasonableness. Whilst liability for the collision was not in dispute, the judgment is instructive for insurers and defence solicitors managing credit hire claims Northern Ireland and the Republic of Ireland.


Circumstances

A parked Mercedes owned by the Plaintiff Mr Lloyd was struck by an Education Authority vehicle, was insured by RSA.

Mr Lloyd used the services of AH Assist, an Accident Management company, that provided him with the usual services following a non-fault accident i.e. replacement vehicle, storage etc.

Once the matter was litigated, the Plaintiff presented the following heads of claim;

  • £12,100 for the pre-accident value of the vehicle;
  • £43,122 in credit hire charges (149 days at £288 per day);
  • £8,010 in storage charges (253 days).

Unsurprisingly, reasonableness and mitigation of loss were the key issues, specifically the extent of damage, i.e. whether the vehicle was beyond economic repair, and whether continued hire and storage charges were reasonable in the circumstances.


Considerations of the Court

 

  1. Was the vehicle beyond economical repair?

The plaintiff’s motor assessor, Mr Carvill, initially estimated repair costs at just over £9,700 (including items marked “subject to confirmation”), placing the figure narrowly above 80% of the Pre-Accident Value.  On this basis, Mr Carvill was of the opinion that the vehicle was beyond economical repair.

His estimate of the repair costs was based on assumptions about whether certain items were actually damaged and would need replaced. Because his conclusion regarding the economics of any repairs relied on the total potential repair costs, any change in those assumptions could have significantly influenced the decision to proceed. Therefore, a definitive assessment of those specific repair items was essential to justify the decision not to carry out the repairs—and to support the continuation of hire charges in the meantime.

As the evidence made clear however, if that had been done, it would have established that not all of the potential repairs were necessary and that it was economically viable to repair the car.  On his own figures, the  true value of the repairs was something in the region of £6950.00 inclusive of VAT.  The significance of this reduction was that the cost of repairs was just 57% of the vehicle’s pre-accident value. On that basis, the judge found that the vehicle was in fact economically repairable using Mr Carvill’s own 80% threshold calculation, which was not challenged.

  1. Was the vehicle Roadworthy?

Mr Carvill’s stated that the vehicle, at the time of inspection on 4th January 2024, was not roadworthy due to a dislodged bumper panel, potential damage to the bumper bar and issues with the boot lid not closing.

The Plaintiff however had presented his vehicle for MOT inspection on 2nd January 2025, which was two days prior to Mr Carvill’s inspection.  The Plaintiff gave evidence that he used duct tape to secure the bumper panel.  Most importantly, the vehicle passed inspection.

The defendant’s expert, Mr Douglas, gave contrasting evidence to Mr Carvill’s: the bumper remained fixable in three out of four points, the boot operated normally, and there was no evidence of significant structural damage.

The judge considered the MOT certificate strong evidence of roadworthiness and concluded that the plaintiff had in fact failed to discharge the burden of proving otherwise.

  1. What is the purpose and significance of a vehicle test certificate

The statutory framework governing the requirements for vehicle inspection and certification is contained in a combination of Part 3 Road Traffic (Northern Ireland) Order 2003 and Motor Vehicle Testing Regulations (Northern Ireland) 2003 [S.R.2003/303].

Article 61(2) of the 2003 Order empowers the Department to make Regulations prescribing the requirements for inspection and certification of vehicles. The current Regulations are the Motor Vehicle Testing Regulations (Northern Ireland) 2003 [S.R.2003/303].

  • Regulation 4 provides that, for the purposes of Article 61(1)(b) of the 2003 Order, the condition of the vehicle “should not be such that its use on a road would involve a danger of injury to any person, having regard, in particular to the items described in Schedule 3.” Collectively, these are known as the “condition requirements.”
  • Schedule 3 contains a list of vehicle components which must be considered during an inspection. The list includes: “wheels and hubs”; “suspension system”; “bumpers”; “wings”; “body”; and “doors, locks and hinges”, all of which feature in the list of items damaged or potentially damaged in this case.
  • Regulation 12 provides for the examination by the Department of vehicles and for the issue of a test certificate, if it is found that the condition requirements and the statutory requirements are met. If they are not met, a Notice of Refusal must be issued

Assessment of Credit Hire and Storage

McLaughlin J took a measured view of the credit hire arrangements. He did not accept the Defendant’s submission that the key issue was whether or not the car was unroadworthy on the date the hire commenced. He did not consider that the claim was limited to such a ‘binary assessment.’

“The jurisprudence of these courts is replete with examples of cases in which the reasonableness of the fact, rate or duration of post-accident credit hire/repair arrangements has been challenged by defendants. What is also clear from the authorities is that the overriding principle against which these issues should be assessed is restitutio in integrum – ie. that compensation should be measured, as best as possible, to match the reasonably foreseeable damage which actually flowed from the accident, together with consequential losses reasonably incurred. Where a plaintiff has entered into a credit hire or credit repair arrangement, the assessment should be made by considering the matter from the perspective of the plaintiff and the reasonableness of the steps which were taken (or were not taken) by the plaintiff in the aftermath of the accident.”

Applying those principles to this case therefore, he determined that it was initially reasonable for the plaintiff to take prompt action in the aftermath of the accident and arrange a replacement hire vehicle pending an engineer’s assessment.  For reasons unknown, AH Assist supplied the vehicle to the plaintiff on 23rd December 2023 but did not begin charging  until 2nd January.  If hire charges had accumulated, they would have been reasonably incurred.

He did not however consider it reasonable for the plaintiff to continue the hire arrangements after this period in light of the successful MOT inspection. It was the opinion of the Department’s inspectors, on 2 January 2024 that the condition of the plaintiff’s vehicle was such that its use on a road did not “involve a danger of injury to any person.” That conclusion was reached following an examination of those parts of the car specified in Schedule 3.  As a result, the fact that the car had been certified by independent departmental inspectors as capable of being used without risk of injury to “any person”, the certificate in the judge’s view, pointed clearly to the conclusion that the car was roadworthy on that date.

Furthermore, he was not satisfied with steps taken by AH Assist after Mr Carvill’s report.  He believed that that the failure to follow up on the conditional findings of said report, particularly to confirm whether certain repairs were needed – rendered the continued hire and storage arrangements unreasonable.

“On behalf of the plaintiff, no evidence was called from a representative of AH Assist to explain the actions which it took (or did not take) following receipt of Mr Carvill’s report. Since the economic viability of conducting repairs was entirely dependent upon confirmation of whether some of the repair items identified by Mr Carvill were in fact necessary, this omission is of considerable significance to the claim. Mr Carvill’s evidence was that he was not instructed to carry out a further inspection. It is not therefore clear whether any consideration was given to this issue at all by AH Assist. I have no evidence as to whether AH Assist undertook any efforts to arrange for the car to be repaired, notwithstanding the authorisation which the plaintiff appears to have provided… The only evidence was that the hire arrangements continued until terminated unilaterally by Mr Lloyd. One obvious inference is that AH Assist simply proceeded on the erroneous assumption that the car was beyond repair and therefore continued the hire arrangements while awaiting compensation proposals from the defendant insurer, with charges mounting in the interim period. Whatever the explanation for events following receipt of Mr Carvill’s report, it is clear that the car was not repaired by AH Assist or anyone instructed by them.”

As a result, the judge limited recovery to:

  • 7 days of hire charges representing time for the damage to be assessed, report to be discussed with the Plaintiff and repairs be carried out (£2,016)
  • 17 days of storage charges (£510)

The claim for £43,122 in hire was therefore reduced by over 95%.


Repair Costs

Whilst the plaintiff had claimed for the pre-accident value of the vehicle, the Plaintiff had in fact chosen to repair the car at a private garage using second-hand parts of his own accord using his own funds. He paid £6,720 in cash, which the court accepted as the appropriate measure of loss.


What If Impecuniosity Had Been Pleaded?

It is worth considering whether the outcome in Lloyd v RSA Insurance would have been different had the plaintiff pleaded impecuniosity.  In McCauley v Brennan, another judgment involving credit hire claims in Northern Ireland, Keegan J awarded the full hire period of 455 days to a single mother on benefits, accepting that she had no realistic means to pay for repairs or excess charges upfront. The court was satisfied that the plaintiff acted reasonably throughout, even in the face of substantial hire costs, and placed weight on the insurer’s delays and the practical realities of her financial position.

By contrast, in Clarke v McCullough, the Court of Appeal took a stricter line, reducing the credit hire award by half because the plaintiff  who was not impecunious had the means to pay for repairs but failed to act on them. The court was unimpressed by the advice of the accident management company in that case and emphasised the need for plaintiffs to make reasonable financial choices where they have the ability to do so.

Its therefore reasonable to suggest, had impecuniosity been properly pleaded and proven in Lloyd, the court may well have  approached the extended hire period differently and assessed the reasonableness of continuing hire charges differently.

This Judgment makes it clear that had the court been asked to decide the case on the roadworthiness of the plaintiff’s vehicle alone, it would have found the Plaintiff had not discharged the burden of proof to establish the car was unroadworthy.  That said, the judgment also repeatedly stated that in this case and other cases involving credit hire claims Northern Ireland, the roadworthiness of the vehicle was not the single or decisive issue.

“Credit arrangements involving rental or repair rates which are higher than non-credit arrangements may also be reasonable on the facts of the case, particularly if the plaintiff can demonstrate impecuniosity or that it is otherwise unreasonable to expect that he/she should fund the costs of hire/repair from personal resources or make a claim under their own comprehensive insurance policy.”


What this means for Credit Hire Claims in Northern Ireland

This decision reaffirms several principles that will be familiar to insurers and their legal representatives:

  • The existence of a valid MOT certificate is compelling evidence of roadworthiness.  In a similar vein, a failed MOT examination will be prima facie evidence that a vehicle is not roadworthy.  In all cases Defendants should proactively obtain MOT records when defending hire claims.
  • Plaintiffs, and any AMCs acting on their behalf, if their terms allow, have a duty to act on conditional engineering reports and to take timely steps to investigate whether a vehicle is repairable.  It is not reasonable to continue credit hire arrangements by reason of a failure to take reasonable steps to mitigate the continuing loss and to ascertain whether the vehicle was capable of economic repair.
  • Credit hire claims must be scrutinised with reference to actual needs and efforts to mitigate, not assumptions or defaults.  The court was willing to dissect day-by-day reasonableness of hire and storage.  Insurers can successfully reduce claims by showing that a reasonable plaintiff would have acted differently.

At Lacey Solicitors, we act for insurers across both Northern Ireland and the Republic of Ireland.  For more information or strategic advice on resisting inflated vehicle damage or credit hire claims, contact us using our online portal and speak with Ruaidhrí Austin, Partner in charge of Credit Hire Litigation.

 

Automatism in Motor Claims: Navigating the Defence in Northern Ireland & the Republic of Ireland

When a driver suddenly loses control behind the wheel—spasms take over, reflexes override intention, or full unconsciousness sets in—courts may entertain the rare defence of “automatism.” At Lacey Solicitors, acting for motor insurers across both Northern Ireland and the Republic of Ireland, we advise on the merits of the Defence of Automatism in Motor Claims time and again.

Judgments in Northern Ireland, England and the Republic of Ireland all remind us that automatism remains a tightly confined exception in civil law: it applies only where a driver’s mind truly surrenders control of the body, without any warning or possibility of self‑intervention.


The Common‑Law Roots of Automatism in Motor Claims

 

Bratty v Attorney General for Northern Ireland was a Criminal Case, where Lord Denning described an automatic act as one done “by the muscles without any control by the mind” or by someone “not conscious of what he is doing.” That foundational definition has travelled into civil courts on both sides of the Irish border over the years.

Twenty years later, Roberts v Ramsbottom, [1980] 1 All ER 7 sharpened the knife: a driver escapes liability only if his loss of control was complete. Any flicker of awareness—if the driver still held even imperfect command of the wheel—means the defence collapses. In essence, Roberts treats civil automatism much like its criminal counterpart, requiring absolute involuntariness.


Mansfield’s Shift: From Culpability to Negligence

 

The English Court of Appeal’s 1998 decision in Mansfield v Weetabix offered a more nuanced path. Rather than asking whether the driver was morally culpable, Mansfield focuses on whether he breached the duty of care owed to other road users. If a driver is genuinely unaware—and could not reasonably have been aware—of an incapacitating medical condition, negligence is not made out. This approach avoids slipping into strict liability for unforeseeable medical emergencies.


Counihan v Bus Átha Cliath: Ireland’s Definitive Statement of Automatism in Motor Claims

 

In the Irish High Court’s 2005 ruling Counihan v Bus Átha Cliath, the bus driver at fault suffered an unexpected blackout caused by sick‑sinus syndrome—an arrhythmia that often strikes without warning. Medical experts confirmed the driver had experienced a total loss of consciousness at the moment of impact.

Judge Clarke in his decision, considered both English cases namely the rigid Roberts standard and the more flexible Mansfield test. He found that, even under the stricter rule of automatism in motor claims, automatism prevailed: there was no glimpse of control to hold the driver negligent. And under Mansfield, the driver had neither the knowledge nor any reasonable ground to suspect his heart condition, so no breach of duty arose.


When Automatism Will—and Won’t—Succeed

 

Across Northern Ireland and the Republic, case‑law relating to automatism in motor claims threads a consistent theme:

  1. Burden of Proof.  The defendant must establish automatism on the balance of probabilities. This is a high threshold, particularly in civil claims where the consequences for claimants can be severe.
  2. Total vs. partial control. Automatism only applies if the defendant’s mind abandons control altogether. Any residual awareness or ability to steer—even poorly—undoes the defence (see Broome v Perkins, where a diabetic driver retained enough control to be held liable).
  3. Foreseeability. Under Mansfield, insurers should ask: could the driver have known of the condition? A history of episodes, medical warnings or missed prescriptions will erode the defence.  Courts closely examine whether the loss of control was truly unforeseeable. In Green v Haynes [2014], the court rejected the defence where the defendant had felt unwell earlier in the day and chose to drive.
  4. Evidence‑intensive. Medical records, expert testimony and precise accident timelines are vital. Insurers must scrutinise GP notes, hospital admissions and any prodromal symptoms—dizziness, ringing in the ears, visual disturbances—that might suggest the driver should have stopped.
  5. Licensing duties. Drivers owe an ongoing obligation to inform the DVLA (in Northern Ireland) or the NDLS (in the Republic) of relevant medical conditions. Failure to declare can undermine the argument of unforeseeability.

Tips for Insurers from Lacey Solicitors Road Traffic Accident Specialists

 

When we advise on the merits of automatism defence we consider the following:

  • Gather the medical evidence. Request full disclosure of GP and hospital records, prior diagnoses and prescriptions pre-proceedings.  In NI there is a mechanism by virtue of Section 31 of the Administration of Justice Act 1970 and Order 24 Rule 8 of the Rules of Court of Judicature to obtain relevant notes and records prior to the issue of proceedings.
  • Map the accident timeline. Pinpoint the exact moment of incapacitation through CCTV, telemetry data or eyewitness accounts.
  • Engage specialists early. Cardiologists, neurologists or endocrinologists can address both blackout causation and warning signs.
  • Probe licensing disclosures. Confirm whether the driver properly notified licensing authorities of any condition that could impair driving.
  • Challenge prodromes. Look for any evidence—however fleeting—of pre‑accident symptoms that a reasonable driver would heed.

Crafting a Robust Defence Pleading 

 

When raising automatism as a defence, it is essential to plead the facts and legal basis with clarity and precision. A typical formulation in a Defence  may read as follows:

Denial of Negligence and Plea of Automatism

In the context of the foregoing admissions, it is denied that the Deceased was negligent, whether as alleged by the Plaintiff or otherwise howsoever characterised.

The Defendants will aver that, immediately prior to the collision, the Deceased was suddenly and without warning overcome by a total, involuntary, and disabling medical event, the effect of which was to deprive him of any conscious control over his actions.

It is denied that the Deceased was in breach of any duty of care owed to the Plaintiff, whether at common law or otherwise.

This approach ensures that the defence is properly articulated and that the factual and legal basis for denying negligence is clear.


Policy Gaps and the Need for Reform

 

While the Motor Insurers’ Bureau (MIB) in the UK and its Irish counterpart the MIBI provide vital compensation for victims of uninsured or untraced drivers, a troubling gap remains in both jurisdictions: there is no dedicated scheme for victims injured by drivers who suffer unforeseeable medical emergencies. When the defence of automatism is successfully raised, even fully insured drivers may be absolved of liability—leaving blameless victims without any recourse to compensation.

This legal reality is particularly harsh for pedestrians, passengers, and other road users who suffer serious, sometimes life-altering injuries through no fault of their own. Unlike victims of uninsured drivers, they cannot turn to any statutory fund or fallback scheme. Their suffering is real, their losses are profound, yet the law offers no remedy.

In Counihan, Clarke J. acknowledged this troubling gap with clarity and compassion:

“Victims struck by drivers who suffer unforeseeable medical emergencies have no dedicated compensation scheme. Unlike collisions involving uninsured motorists, these innocent pedestrians and passengers cannot turn to any special fund.”

He went on to note that addressing this gap is a matter for the Irish Government and not the courts. This observation underscores the limitations of judicial intervention and the urgent need for legislative reform.

Jurisdictions such as New Zealand have already taken steps to address this issue through no-fault compensation schemes, ensuring that victims are supported regardless of fault. Such models offer a blueprint for reform in Ireland and the UK—one that prioritises fairness, compassion, and public confidence in the legal system.


Conclusion

 

At Lacey Solicitors, we believe that the law must evolve to reflect the realities faced by innocent victims. While the defence of automatism in motor claims serves a legitimate legal function, it should not operate as a barrier to justice. We support calls for a statutory compensation scheme that ensures no victim is left behind simply because the driver who caused their injuries was not at fault.

Automatism in civil motor claims remains an exception so narrow it often feels razor‑edged. Lacey Solicitors stays at the cutting edge—monitoring new judgments, refining evidential strategies and balancing the interests of insurers against the real plight of victims caught in unforeseeable medical crises. By combining rigorous medical scrutiny with a deep understanding of Roberts, Mansfield and Counihan, we ensure that the defence of automatism is reserved solely for those rare cases where a driver’s mind truly, utterly lets go.


For further insights, contact our team in Belfast & Dublin using our online portal.

Impecuniosity in Northern Ireland Credit Hire Claims: Legal Principles and Strategic Defence

At Lacey Solicitors, with offices in Belfast and Dublin, we act on behalf of insurers across the entire island of Ireland in defending credit hire claims. One of the most pivotal and frequently litigated issues in these cases is impecuniosity—a claimant’s inability to pay for vehicle hire upfront without making unreasonable sacrifices.

This article explores the legal framework, key case law, and strategic considerations for insurers facing credit hire claims, where courts have developed a robust body of jurisprudence around the concept of impecuniosity.


What Is Impecuniosity?

Contrary to popular suggestion, impecuniosity is not strictly related to an individuals finances.  It refers to a claimant’s inability to pay for hire charges upfront without compromising essential financial obligations. As Stephens J explained:

“An individual who is not penniless can still be impecunious, because as a question of priorities he is unable to pay car hire charges without making sacrifices he could not reasonably be expected to make.”
South Eastern Health and Social Care Trust v Flanagan [2015] NIQB 30

This principle is central to the duty to mitigate loss. A claimant must act reasonably to reduce their losses. If they cannot afford to pay for hire in advance, using a credit hire company may be justified—but only if they can prove their financial limitations.

A stark reminder is a case dealt with by our own office where an individual with over £200,000.00 in one bank account sought to rely on impecuniosity after an accident in 2020.  He was a businessman who owned two chinese restaurants and sucessfully argued that those funds were savings that he would not sacrifice in the middle of a pandemic where the future was uncertain.


Legal Framework: Pleading and Proving Impecuniosity

If an individual seeks to rely on impecunioisty, the burden of proof lies squarely with the claimant. As Underhill LJ stated:

“A claim for the cost of hire of a replacement vehicle is, strictly, a claim for expenditure incurred in mitigation of the primary loss… The burden is thus on the claimant to prove (and therefore plead) that such expenditure was reasonably incurred.”
Zurich Insurance Plc v Umerji [2014] EWCA Civ 357

Importantly, the Court of Appeal in Umerji also confirmed that impecuniosity is not limited to the rate of hire—it also applies to the duration of hire. If a claimant cannot afford to replace or repair their vehicle promptly, their impecuniosity may justify a longer hire period.

Burgess J reinforced this in Kerr v Toal & Others [2015] NIQB 83, stating that the issue of impecuniosity should be addressed at the outset of a claim and supported by financial documentation, including:

  • Bank statements (typically three months pre-accident)
  • Proof of income and liabilities
  • Details of essential outgoings

Revisiting Critical Case Law on Impecuniosity

 

1. McCauley v Brennan & Coulter [2017] NIQB 41

This case is a straighforward but detailed one in Northern Ireland’s credit hire jurisprudence. The plaintiff, a single mother on state benefits, incurred over £36,000 in hire charges over 445 days. The court accepted her impecuniosity and found that she had acted reasonably throughout.

Keegan J observed:

“The facts of this case are extremely significant… The insurers on behalf of the tortfeasors have taken a very long time in apportioning liability… There were systemic problems… which had nothing whatsoever to do with the plaintiff.” (para 39)

She concluded:

“It seems to me to be unsound to shift the burden for the period of hire to the plaintiff and away from the tortfeasor.” (para 41)

This case underscores that where a plaintiff is impecunious and acts reasonably, even lengthy hire periods may be recoverable.

2. Lagden v O’Connor [2004] 1 AC 1067

This House of Lords decision established that an impecunious claimant is entitled to recover the reasonable costs of credit hire, even if those exceed basic hire rates. Lord Nicholls emphasised that:

“Common fairness requires that if an innocent plaintiff cannot afford to pay car hire charges… then the damages payable… should include the reasonable costs of a credit hire company.”

3. Gilheaney v McGovern [2009] NIQB 38

The court held that the plaintiff is prima facie entitled to the rate paid, but the defendant may rebut this by showing that a cheaper, reasonable alternative was available. The court found that a student at a stressful time sitting A-levels could not reasonably be expected to conduct a market search for cheaper hire options.

4. Clarke v McCullough [2013] NICA 50

The Court of Appeal scrutinised an 11-month hire period and found that the plaintiff’s continued use of a superior replacement vehicle, despite no resolution in sight, was excessive. The case highlights the importance of proportionality and ongoing reasonableness.

5. Kelly v Mackle [2009] NIQB 39

The plaintiff, a taxi driver, hired a vehicle at £227/day while earning only £300/week. The court found this to be “economic folly” and reduced the recoverable amount accordingly.


The Role of Basic Hire Rate (BHR) Evidence

In McBride v UK Insurance Ltd & Others [2017] EWCA Civ 144, the English Court of Appeal accepted the use of BHR reports to establish lower market rates. Northern Irish courts, pursuant to this decision and similar decisions such as Clayton v Admiral Insurance are now very open to an evidence-based approach to rate assessment.  Judges in this jurisdiction are now inclined to consider such reports, even those whose rate include the requirement for a Quaestor type insurance excess.

There are of course often many technical objections to the various hire providers and whether the policies they offer are truly comparable however, in line with Mr. Justice Stephens’ decision in SEH&SCT v Capper & Flanagan [2015] NIQB 30, the judges tend to be prepared to disregard overly technical submissions.

A BHR report creates the clear prima facie basis for a defence on rate provided a claimant is not relying on impecuniosity in Northern Ireland.


Strategic Considerations for Insurers when addressing Impecuniosity in Northern Ireland

 

1. Early Disclosure

Request financial disclosure as soon as a credit hire claim is made. This includes:

  • A clear confirmation on whether impecuniosity is being claimed
  • Supporting financial documents
  • Clarification on the claimant’s efforts to mitigate loss

2. Challenge the Reasonableness of the Hire

Even if impecuniosity is established, the hire must still be reasonable in:

  • Rate: Was the credit hire rate excessive?
  • Duration: Was the hire period unnecessarily prolonged?
  • Provider: Was the hire company selected based on necessity or convenience?

3. Use Robust BHR Evidence

If the claimant is not impecunious—or fails to prove it—defendants can argue for the BHR as seen in our recent case in Letterkenny Ireland. This requires:

  • Evidence from local, reputable hire companies
  • Documentation of availability, pricing, and terms at the time of the accident.
  • Demonstration that the claimant could have accessed these services

Why Choose Lacey Solicitors?

With offices in Belfast and Dublin, and with a client base of both insurers and leading AMCs Lacey Solicitors is uniquely positioned to deal with credit hire claims across both jurisdictions. Our team has extensive experience in:

  • Challenging claims of impecuniosity in Northern Ireland
  • Preparing and presenting robust BHR evidence
  • Advising insurers on cross-border litigation strategy
  • Resolving claims efficiently and cost-effectively

Conclusion on Impecuniosity in Northern Ireland

Impecuniosity is not just a financial question—it’s a legal and evidential one. For insurers, the key to managing credit hire claims lies in:

  • Early engagement with claimants and their solicitors
  • Demanding timely and complete financial disclosure
  • Challenging the reasonableness of the hire in terms of rate, duration, and necessity
  • Using robust BHR evidence to limit liability where appropriate

At Lacey Solicitors, we are committed to delivering strategic, evidence-led defence in credit hire litigation. Contact our Belfast or Dublin office to learn how we can support your claims handling team.

 

Defending Credit Hire Claims: A Step-by-Step Guide for Insurers in Ireland

 

Credit hire claims – where a claimant hires a replacement vehicle on credit after an accident – remain relatively uncommon in the Republic of Ireland, though they volume of these claims is undoubtedly growing. Insurers in Ireland must be vigilant and prepared. A structured, proactive defence can save costs and minimise exposure. Credit hire cases often involve large daily charges that accumulate quickly, so early intervention is crucial.

Below is a detailed, step-by-step guide to defending credit hire claims in Ireland.


Step 1: Early Identification and Referral

  • Identify potential credit hire claims immediately – at the first notice of loss (FNOL) or during initial discussions with the claimant or their representatives.
  • Refer the case internally to a dedicated credit hire handler or team trained to manage such claims.  Early specialist involvement means the claim is defensively handled from the outset and early identification prevents costs from spiralling if the case ends up in litigation.
  • Request key details without delay:
    • The circumstances of the accident to investigate liabilty quickly.
    • The daily rate of hire and type of vehicle being hired.  This will give some idea of quantum.
    • The initial repair estimate or motor assessor’s report relating to the damage.
  • Obtain a desktop engineering report by forwarding the estimate to an independent engineer.
  • If the engineer recommends inspection, arrange inspection facilities quickly.
  • If no inspection is required, confirm this in writing to bring any ongoing storage costs to an end.
  • If the vehicle is repairable, request updates on:
    • Repair progress.
    • Anticipated delays (e.g. due to the current global parts shortage).
    • Offer assistance sourcing parts, if possible.
  • If the vehicle is a total loss, the plaintiff will typically seek the pre-accident value less any salvage.
    • Raise the payment promptly, ideally by bank transfer, to avoid prolonged hire.

🛠️ Why this matters: Credit hire is a continuing cost. Fast, coordinated action at this early stage helps limit duration and mitigate unnecessary expense.


Step 2: Use of Intervention Letters

  • Copley v Lawn: This is a UK case which confirms the position on letters from insurers offering their own services.  If the case is litigated, Defence practitioners can suggest that in refusing the services, they failed to mitigate their own losses.
  • A valid intervention letter (offering a replacement vehicle) must clearly state the cost to the insurer. If the offer is vague or threatening in tone, it will likely be considered non-compliant, and the claimant cannot be criticised for refusing it.
  • Mitigation of damages: A valid intervention letter allows insurers to argue the claimant had access to a cheaper alternative. Even if rejected, the insurer may only be liable for Basic Hire Rate (BHR)—if they can show what a reasonable alternative would have cost.
  • Timing: Courts are fairly strict and so it is key that the letter is sent at FNOL stage before hire begins.
  • Tone and clarity: The offer must be:
    • Reasonably drafted and ‘copley’ compliant
    • Non-aggressive.
    • Clearly priced.
  • Practical tip: Always issue intervention letters early and retain proof of delivery.  Insurers are now considering new and practical means of delivery such as email, texts and even a bouquet of flowers!

✉️ Well-drafted intervention letters are a practical, court-recognised tool for controlling credit hire exposure from the outset.


Step 3: Challenge the Claimant’s Need

  • The claimant has the burden of proving they required a hire car due to the accident.
  • The insurer can rebut this by showing:
    • Access to another vehicle.
    • Use of a courtesy car from their own insurer.
    • Alternative transport (e.g. public transit) was reasonably available.

🚗 Example: If the claimant had a motor trade policy, they may have had a access to a number of vehicles and insurers should query whether they had another working car they could use, then a credit hire may be deemed unnecessary.


Step 4: Assess the Reasonableness of the Hire

4.1 Duration

  • Was the length of hire proportionate to the repair duration?
  • Were there delays that could have been avoided or reduced?

4.2 Type of Vehicle

  • Was the hire vehicle a ‘like for like’ replacement, based on the size and specification of the original?

4.3 Rates

  • Are the hire charges in line with local market rates?  Insurers often instruct a Basic Hire Rate (BHR) report, which surveys high-street providers for like-for-like vehicles in the area. In one case defended by our office in Letterkenny, Ireland, a BHR report showed that an alternative car was available at about half the cost of the credit hire vehicle
  • Could similar vehicles have been hired at a lower cost?

4.4 Duty to Mitigate

  • Did the claimant take steps to limit their loss?
    • Prompt returning of hire vehicle after repairs.
    • Willingness to consider other a lesser vehicle.

⚖️ Reasonableness is judged case by case—but insurers can often limit exposure by carefully documenting excesses in rate or duration.


Step 5: Explore Specific Defenses

5.1 Impecuniosity

  • If the claimant couldn’t afford to pay upfront without making unreasonable sacrifices, a credit hire is generally accepted.
  • However, this isn’t a complete defense—insurers can still challenge need, rate and duration.

5.2 Illegality

  • If the Plaintiff’s original vehicle did not have a valid NCT certificate, valid insurance or Tax, an argument of illegality can be made.

5.3 Misrepresentation

  • If the hire company misled the claimant (e.g. pretending it was a “free courtesy car”), the agreement may be void or voidable.

5.4 Enforceability

  • Review the terms of the hire agreement carefully.
  • Clauses related to cancellation, payment obligation, and dispute resolution may be grounds for challenge.

Final Thoughts on Credit Hire Claims  in Ireland

A successful credit hire defense rests on:

  • Quick action and early internal referral.
  • Use of valid intervention letters to reduce potential liability.
  • Challenging the necessity, duration, and cost of hire.
  • Exploring legal technicalities of the hire agreement for further leverage.

🧠 Insurers who are proactive—not reactive—control the narrative and reduce exposure.


Training for Insurers

Ruaidhrí Austin, Partner at Lacey Solicitors, regularly delivers training sessions to insurers across Ireland on the evolving legal and procedural landscape of credit hire claims. These sessions are available both in person and online, tailored to claims teams, legal departments, or senior handlers.

If your team would benefit from a practical, up-to-date session on defending credit hire claims, please use the Contact Us section of our website to arrange a training session.

Understanding Credit Hire: A Necessary Service, But It Must Withstand Legal Scrutiny

After a car accident, one of the first concerns many drivers face is how to stay mobile. Credit hire services step into that gap, offering temporary replacement vehicles without upfront cost. But while this service is vital, credit hire claims after car accidents must also survive legal scrutiny.

At Lacey Solicitors, we understand that after a road traffic accident, access to a temporary replacement vehicle is often critical. Credit hire serves a legitimate need, particularly for innocent drivers who cannot afford to pay for a hire vehicle upfront. But for insurers, while the system is necessary, it must also be proportionate, evidence-based, and compliant with established legal principles.

Credit hire claims are often complex and legally contentious. Those in the trenches of credit hire litigation will often see the same core disputes surface time and time again. While each case depends on its own facts, several key issues consistently arise. These include:

  • Need for hire
  • Enforceability of the credit hire agreement
  • Rate of hire
  • Impecuniosity of the plaintiff
  • Duration of hire
  • General mitigation of loss

While future articles will explore enforceability of hire agreements and general mitigation arguments in more depth, this article focuses on the four most frequently contested aspects of credit hire claims: need, duration, rate, and impecuniosity.


What is Credit Hire?

 

Credit hire involves the provision of a like-for-like replacement vehicle by an accident management company to a non-fault driver. The cost is not paid upfront by the driver but is instead recovered from the at-fault party’s insurer.

This model has been recognised judicially as fulfilling a real societal need. In Dimond v Lovell [2000] 2 All ER 897, Lord Nicholls described credit hire as meeting a “real need” and Lord Hobhouse acknowledged its “understandable popularity.” However, their Lordships also warned that such claims must be justified under the principles of mitigation and reasonableness.


Key Legal Issues for Credit Hire Claims After Car Accidents

 

1. Need

A claimant must show a genuine need for a replacement vehicle. This is often the first and most fundamental issue considered in credit hire litigation.

Courts will evaluate whether:

  • The claimant required a vehicle at all during the hire period
  • The vehicle hired was appropriate for their circumstances
  • Reasonable alternatives, such as public transport or a household vehicle, were available

Evidence such as daily mileage, access to other vehicles, work-related travel, family commitments, and geographical access to transport services is often decisive. If the need is not clearly established, the entire hire claim can collapse.

2. Duration

Even if need is proven, the length of the hire must be reasonable and justifiable.

Arguably, delays in repairs, inspections, acceptance of a pre-accident value (PAV) offer and ‘off hiring’ can undermine a claim—especially where those delays are attributable to the claimant or their representatives. The principle of mitigation of loss, as highlighted in Giles v Thompson [1994] 1 AC 142, remains crucial: claimants must take reasonable steps to keep their losses to a minimum.

If unnecessary delays occur, insurers will quite rightly look to dispute part or all of the hire duration.

3. Rate

In credit hire cases, one of the key issues often contested is the hire rate claimed. Courts generally award basic hire rates (BHR) unless the claimant can demonstrate impecuniosity—meaning they could not afford to pay for the vehicle hire upfront—in which case full credit hire rates may be allowed.

However, if the defendant does not provide evidence of BHR, courts may by default award credit hire rates even if impecuniosity is not proven. This places an important evidential burden on defendants to produce credible BHR evidence to challenge higher credit hire charges. Without such evidence, the court has limited means to assess whether the credit hire rates claimed are reasonable compared to market rates.

When courts do consider BHR, they look for the lowest reasonable rates available from mainstream or reputable local suppliers in the claimant’s geographical area. The assessment is fact-sensitive and courts generally avoid overly technical disputes about exact pricing, focusing instead on a reasonable approximation of market rates as seen in Stevens v Equity Syndicate Management Ltd [2015] EWCA Civ 93. Additionally, if credit hire agreements include extras such as “nil excess” cover that basic hire rates do not provide or provide inadequately, the court may treat these costs separately and allow appropriate adjustments. Overall, rate challenges aim to ensure claims reflect fair market costs rather than inflated charges, balancing the claimant’s legitimate needs against the defendant’s right to avoid overpayment.

Claimants are generally only entitled to recover the Basic Hire Rate (BHR) unless they can establish ‘impecuniosity.’

4. Impecuniosity

Impecuniosity, a pivotal issue in credit hire claims, refers to a claimant’s inability to afford upfront car hire charges following an accident. It forms part of the broader duty to mitigate losses—a principle that claimants must act reasonably to limit financial damage. Courts have established that where a claimant cannot afford to hire a vehicle without making unreasonable sacrifices, credit hire charges may be recoverable.

As outlined in South Eastern Health and Social Care Trust v Flannagan and Capper Trading Ltd [2015] NIQB 30, Horner J explained:

“An individual who is not penniless can still be impecunious, because as a question of priorities he is unable to pay car hire charges without making sacrifices he could not reasonably be expected to make.”

Key case law, including Lagden v O’Connor and Zurich Insurance Plc v Umerji, illustrates that impecuniosity not only impacts the rate of hire but also the duration. The burden initially lies with the claimant to prove their financial position, and once sufficient evidence is provided, the evidential burden shifts to the defendant.

The assessment of hire charges and duration differs based on whether the claimant is impecunious. If so, they may claim the full credit hire rate and extend the hire period until the defendant provides compensation for repairs or vehicle replacement. For pecunious claimants, courts consider what is reasonable under the circumstances, such as waiting for an engineer’s report or the defendant’s inspection. In cases where repairs or replacements are delayed without justification, courts assess the claimant’s efforts to mitigate losses. Ultimately, reasonable conduct, timely communication, and evidence of financial status are central to determining recoverable credit hire damages.

Courts expect robust documentary evidence—bank statements, income proof, credit history, and essential outgoings—to support any claim of impecuniosity. Vague assertions or anecdotal claims won’t meet the required threshold.


Real-World Case: High Charges, But Still Recoverable?

 

A recent example reported by the BBC involved a nurse who was charged £50,000 for hiring a Tesla Model 3 for over three months. While the judge acknowledged that the hire costs were three times higher than standard and the hire period 75 days longer than necessary, he still ruled that the insurer was liable for the full amount.

The reasoning was based on the fact that the claimant followed her employer’s fleet management advice and acted in good faith. While the result may appear controversial, it highlights how the factual context and procedural conduct of the parties can significantly influence judicial outcomes—even where rate and duration are contentious.


Industry Improvements for Credit Hire Claims After Car Accidents

 

Not all credit hire claims are problematic. In fact, recent industry data suggests that:

  • Average hire durations are decreasing
  • Legal costs associated with credit hire have dropped by nearly 50% since 2023

This reflects greater cooperation between insurers, defendant law firms, and accident management companies. However, careful legal oversight remains essential.


Conclusion: Necessary Service, But Not a Carte Blanche

 

Credit hire is necessary and beneficial—but it must be fair, reasonable, and subject to evidential and legal discipline. Defence solicitors and insurers have a duty to:

  • Insist on proper proof of rate, need, and duration
  • Demand full impecuniosity disclosure where higher-than-market rates are claimed
  • Resist excessive or unjustified claims, while still acting proportionately and fairly

At Lacey Solicitors, we are uniquely positioned to assist clients—whether insurers, fleet managers, or individuals—with the nuances of credit hire claims after car accidents. With a deep understanding of both claimant and defence perspectives, we provide balanced, evidence-based legal strategies in this ever-evolving area of personal injury law.

Need advice or representation in a credit hire dispute? Contact Lacey Solicitors today.

Defending Low Velocity Impact (LVI) Claims: A Strategic Approach for Insurers in Ireland

Introduction

Low Velocity Impact (LVI) claims, despite involving seemingly minor collisions, often escalate into contentious legal disputes over causation—posing a persistent challenge for insurers and defence solicitors across Ireland. These cases typically arise from road traffic accidents with little or no visible vehicle damage, yet claimants frequently allege soft tissue injuries, particularly of the whiplash variety.

For claimants, securing fair compensation for real injuries is a legal and moral right and Lacey Solicitors entirely supports that right. But for insurers and defence solicitors, there is an equally important duty: to thoroughly investigate claims, ensure that policyholders are protected, and guard against exaggerated or unfounded claims.

The central legal issue is not whether a collision occurred, but whether it was capable of causing the injuries claimed. Defending such cases successfully requires a disciplined strategy based on early factual investigation, expert scientific input, and a deep understanding of biomechanics and legal precedent.


What Is a Low Velocity Impact Claim?

An LVI claim is defined by a collision where damage to the vehicles is minimal or negligible. The defendant typically accepts that the incident occurred but challenges whether the forces involved were sufficient to cause the alleged injuries.

Commonly, these cases involve complaints of neck, back, or shoulder pain and arise from rear-end “shunt” type impacts. The defence position is that the physical forces involved were too low to displace vehicle occupants enough to cause injury.

This is not a denial of the accident or the injury, but rather a focused challenge on the issue of causation, supported by biomechanical, medical, and engineering evidence.  Causation is a matter of expert analysis and is not assumed simply from the occurrence of a collision.


The Role of the Insured’s Statement

A robust defence for insurers begins with a comprehensive and accurate statement from the insured party. Their first-hand account helps establish key facts such as:

  • Vehicle speeds

  • Braking and road conditions

  • Location and point of impact

  • Perceived severity of the collision

This account forms the basis for subsequent engineering analysis and may become critical evidence in litigation.

Importantly, insurers must remember that minimal damage does not always equate to minimal force. Past cases have demonstrated that superficial damage can mask significant force transfer, making early factual accuracy crucial.


The Tow Bar Factor: Misleadingly Minor Damage

Tow bars present a unique issue in LVI claims. When a vehicle is struck directly on a tow bar, the damage to the vehicle may be minor—but the energy transfer can be substantial.

Unlike modern bumpers, which are designed to absorb and dissipate collision energy, tow bars transmit the force directly into the chassis. This can bypass energy absorption mechanisms and lead to greater force being transferred to vehicle occupants.

As a result, even seemingly trivial accidents involving tow bars should be investigated with care. Where injury is alleged despite limited visible damage, engineering evidence is essential to assess whether the impact forces were, in fact, substantial.


Biomechanics and the Delta V Threshold

At the heart of scientific analysis in LVI cases lies the concept of Delta Vthe change in velocity a vehicle undergoes during impact. This metric helps quantify the potential for injury.

Studies, including those by the International Research Committee on the Biomechanics of Impact (IRCOBI) and GBB (UK) Ltd, have established key thresholds:

  • Below 3 mph Delta V: Occupant movement is comparable to routine activities like sitting down or walking; injury is highly unlikely.

  • Between 3–5 mph: Injury is possible, though not presumed.

  • Above 5 mph: Increased likelihood of soft tissue injury.

However, injury potential also depends on multiple variables, including:

  • Seat design

  • Vehicle construction

  • Occupant awareness and bracing

  • Age, gender, and pre-existing conditions

  • Occupant posture at the time of impact

These findings support the defence argument that not all impacts, even if acknowledged, have the biomechanical potential to cause the injuries alleged.


Medical Evidence and Engineering Reports

Claimants often produce medical reports confirming injury. Yet many such reports rely heavily on the claimant’s own account and do not critically assess whether the incident mechanics support the diagnosis.

For a credible defence, insurers should instruct medical experts with experience in:

  • Musculoskeletal injury diagnosis

  • Biomechanical injury thresholds

  • Evaluating causation based on incident specifics

Similarly, engineering experts should assess vehicle damage, calculate Delta V, and determine the likelihood of occupant displacement. When medical and engineering expertise are integrated early, they form a powerful evidentiary foundation to challenge causation effectively.


Witness Testimony and Its Legal Impact

Independent witness statements can influence a court’s perception of impact severity. For example, a witness who describes hearing a loud “bang” may bolster the claimant’s version of events.

However, aural impressions do not always correlate with force transmission. A loud sound may result from materials striking or crumpling but may not reflect biomechanical force levels.

Defence teams should:

  • Interview witnesses early

  • Assess the witness’s vantage point and line of sight

  • Evaluate their ability to accurately perceive impact force

The aim is to determine whether the witness is truly independent and whether their testimony aligns with the physical evidence.


Lacey Solicitors Insurance Lawyers Recommendations

A proactive, evidence-based approach is key to defending LVI claims. Insurers are advised to:

  • Obtain prompt, detailed statements from the insured party.

  • Investigate vehicle damage thoroughly, paying close attention to structural components such as tow bars.

  • Instruct experienced medical and biomechanical experts early to assess the causation of injuries.

  • Critically evaluate all witness testimony for accuracy, relevance, and independence.

  • Integrate factual, engineering, and medical evidence into a coherent and persuasive defence strategy.


Conclusion

Low Velocity Impact claims remain a legally and scientifically complex area of personal injury litigation, especially where physical damage is minimal. Each case turns on its unique facts, but insurers can defend these claims effectively by focusing on early investigation, rigorous expert analysis, and strategic coordination.

In our insurance defence practice across Belfast and Dublin, we support insurers in navigating the technical and legal challenges of LVI claims. By leveraging biomechanical science alongside targeted litigation strategies, we deliver results that protect our insurance client’s and their policyholders and uphold the integrity of the insurance system.


Need Support on a Suspected Low Velocity Impact Claim?

If you’re handling a suspicious or exaggerated LVI claim, our team can help. We provide:

  • Tactical guidance

  • Expert coordination

  • Litigation strategy

  • Comprehensive defence reports

We serve insurers throughout the entire island of Ireland, delivering robust, evidence-driven defences to minimise risk and exposure.

Contact our Insurance Defence Team today using our online contact portal for tailored support.