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PI Brief Update

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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The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.