Author: Nona Bowkis
Published: April 27, 2015
Reading time: 2 minutes
This article is 7 years old.
Read our disclaimer keyboard_arrow_down
This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.
The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.
The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.
Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.
If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.
All characters are fictitious and should not be taken as referring to any person living or dead.
Use of this website shall be considered acceptance of the terms of the disclaimer presented above.
As a car dealer being taken to court, you may well feel that you will be judged before even stepping inside the courtroom when up against a consumer. The current climate seems to be all about consumers and their rights and can leave our dealers a little pessimistic about their chances in front of a judge.
However, it’s not all bad news as demonstrated by the outcomes in 5 of our cases which were heard in courts around the country last week.
In one case, we succeeded in preventing our client being made bankrupt. In three others, the consumers were all awarded less than 30% of what they tried to claim and in the other, the consumer’s claim was dismissed completely as our dealer had been thoroughly reasonable while the consumer had failed to provide enough evidence to convince the judge they had a case at all.
There are many factors which can influence the outcome of a court hearing and we work with all our clients to work out the correct strategy for their individual case. Of course the vast majority of our cases are resolved before they get to court but inevitably not all can be. If you want to give yourself the best chance of avoiding a miserable loss at court, do contact us as soon as you think a case could be heading that way.