Motor insurance: recovery of hire charges

The question for the Court of Appeal in Ali v HSF Logistics Polska SP zoo [2024] EWCA Civ 1479; [2025] Lloyd's Rep IR 215 was whether a claimant whose vehicle was damaged in an accident due to the fault of a third party was entitled to recover credit hire charges in circumstances where the vehicle did not possess a MOT certificate and therefore could not lawfully have been driven. At first instance Martin Spencer J declined recovery, but his decision was reversed by the Court of Appeal. The only reasoned judgment was that of Stuart-Smith LJ.

Ali: the facts