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Editorial: Challenging Period of Hire - Aidan Ellis, Temple Garden Chambers

20/11/13. Defendant Insurers have long been concerned that the duration of hire in some credit hire cases is unreasonable. But they have often been frustrated in their attempts to challenge the reasonableness of a particular period of hire because the law of mitigation places the burden of proof on the Defendant to establish that the Claimant acted unreasonably and it is axiomatic that the standard of reasonableness is not high in circumstances where the Defendant is a tortfeasor. Recent cases in various jurisdictions, however, suggest that the Courts are becoming more willing to scrutinise substantial periods of hire...

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