Law Weblog

Lagden v O’Connor (HL) the impecunious claimant.

Friday 12 December 2003 at 10:18 pm | In News | Post Comment

[Tort – remedies – impecunious claimant]
D struck C’s car. C being impecunious (poor) had to hire a car from a car hire company that charged more for the credit involved because C could not pay “up front”. This arrangement was more expensive than one hired in the normal way, which C could not afford to do. Since 1933 the rule in Liesbosch Dredger case would not allow a defendant to suffer because of an impecuniosity of the claimant.

Held: The Liesbosch Dredger must now be regarded as overtaken by subsequent developments in the law.

C won
Whole cases here.