Philosophy collided with business and statutes last week after the rates levied by a roadside recovery operator were branded “immoral” by a company staring down the wrong end of a £3,000 bill.

R McDowell Haulage almost needed another recovery operator to revive its boss after 24/7 Recovery and Rescue invoiced the West Yorks operator for dealing with the aftermath of an RTA in Flintshire.
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Innocent motorists will now be able to instruct solicitors to defend them safe in the knowledge that they won’t be out of pocket if they win. This follows a judgment handed down by the High Court yesterday which marks a return to sanity.

Under the current scheme introduced by the previous government, driver defendants are not always able to get their legal costs reimbursed in full after a successful court case – where they are acquitted, or a case is withdrawn by prosecutors such as the Police or VOSA. However, The Law Society has successfully challenged the current rules at a Judicial Review Hearing.
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On the 27th May 2010, the High Court determined that controversial regulations which deny innocent motorists the right to recover their legal costs above legal aid rates were drafted erroneously. The Lord Chancellor says that he now intends to correct the error as “soon as is reasonably practicable”.

This is a humiliating blow to the Ministry of Justice, who were seeking to defend the law during a Judicial Review Hearing in the High Court on 27 May.
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