Holt v Allianz (2023)
Holt v Allianz (2023)
Background
Mr Holt brought a claim for credit hire charges only (on behalf of the credit hire provider, Auxillis), arising out of a RTA on 16th July 2020.
Allianz issued a pre-action disclosure application against Mr Holt which came before HHJ Harrison at Cardiff County Court on 18th October 2021. In a reserved judgement dated 3rd December 2021, HHJ Harrison granted Allianz’s application for disclosure for Mr Holt’s bank, credit card, and savings account statements covering the period of hire and for a period of three months prior as well as wage slips and other proof of income for the same period.
Auxillis applied for permission to appeal. Auxillis were refused permission to appeal but upon a further application to the High Court, Bourne J granted permission.
Held
The appeal was heard by Baker J on 22nd March 2023 and judgement was handed down on 4th April 2023. The appeal was successful but only marginally on the basis that those representing the claimant showed that they would have never issued proceedings directly against the insurer. CPR 31 states that before a court can make a pre-action order for disclosure it has to be satisfied that the parties are likely to be a party to proceedings. The evidence showed that the claimant was unlikely to sue Allianz directly.
The court concluded that the appeal must be allowed on only a technicality and if the application had also been brought in the name of Allianz’s insured the appeal would have been dismissed.
Comments
Although the appeal was allowed, this was on a technicality meaning that financial disclosure from credit hire organisations should be provided upon a reasonable request and if not the court can order pre-action disclosure.
A copy of the judgement is available here:
