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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!