Insurers Win the Latest Round in Credit Hire Match - Jasmine Murphy, Hardwicke
13/04/15. The Insurers have won the most recent bout in what has been an ongoing slugfest between them and credit hire organisations (CHOs) for more than 20 years. The Court of Appeal has given guidance about calculating the basic hire rate (BHR) which favours the Insurers.
The detailed Court of Appeal Judgment in Dimond v Lovell [2002] 1 AC 384 and House of Lords sequel Lagden v O’Connor [2003] UKHL 64 comprehensively identified the issues and gave guidance as to how they were to be tackled in the lower courts. However Insurers and CHOs have been trading punches ever since.
The Insurers failed to land the killer blow that would have knocked out credit hire for good in 2009. In Copley v Lawn [2009] EWCA Civ 580 the Court of Appeal found that failure to accept a defendant’s offer of a “free car” was not failure to mitigate. The Insurers appeared to be on the ropes when the Supreme Court refused them permission to appeal...
Image ©iStockphoto.com/RobertCrum
![Appeal judge rules that credit hire company has no costs liability following a finding of fundamental dishonesty in personal injury case: RSA v. Fastrack Solutions Limited [2023] 4 WLUK 92 - David Bowden, Erimus Chambers](/content/images/resized/images/stories/carkeys_72_72.jpg)
