Clayton v EUI and McBride v UKI EWCA Civ 144 (2017)
Clayton v EUI and McBride v UKI EWCA Civ 144 (2017)
Court of Appeal reduces credit hire damages.
The Issues:
In these conjoined Appeals challenges were made by the Claimants, Accident Exchange Limited (AEL) to, inter alia,
- the approach to be adopted in credit hire cases where the basic hire rate (BHR) evidence did not allow for a nil excess,
- the percentage adjustment figure to allow for the differential between 7 day and 28 day rates where the Defendant had relied upon 28 day hire evidence given anticipated repair times, and
- a finding that certain providers were mainstream suppliers within the meaning of the established test.
- is Stevens v Equity good law in so far as it provided that the test was one for “the lowest reasonable rate quoted by a mainstream supplier” to be adopted.
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