Failure to provide evidence or settle the matter leaves our client winning their case…

Our client was the Defendant in the matter, the consumer quickly issued proceedings after believing there was a major fault with the vehicle. No evidence was provided in reference to the major fault. The consumer issued proceedings without allowing our client to inspect the vehicle nor provide a remedy.

The hearing was recently heard and the Judge dismissed the Claimants claim. No evidence was provided in reference to the “major” fault and the Judge could see a failure on the Claimants behalf to attempt to mitigate loss.

Therefore its worth remembering to attempt to mitigate loss and the behaviour of both parties will be taken into account!

Lawgistics members can get advice on resolving issues with consumers from the legal team.


Authors: Roxanne Bradley

Published: 06 Apr 2017


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