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Credit Hire One Year After Bent - Gary Herring, Keoghs LLP

04/02/13. The method of how a court will approach the assessment of the recoverable rate of hire in cases where a credit hire claimant is not impecunious is now dealt with primarily by reference to the judgment of the Court of Appeal in Bent v Highways & Utilities [2011] EWCA Civ 1384 (‘Bent 2’). Whilst arguably the main change brought about by Bent 2 is simply phraseology (the ‘spot rate’ now being known as the ‘basic hire rate’), it does highlight some previously overlooked ‘ideals’ in terms of what a court will now look for in base hire rate (BHR) evidence. Those are...

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