This was a much eagerly awaited Court of Appeal case, with the result being significant for the credit hire industry. In Mcbride, the claimant’s high performance Jaguar was damaged in an accident with the defendant’s insured. Negligence was not in dispute. Over a period of 77 days the claimant hired a replacement vehicle from Accident Exchange at a total cost of £40,215.11. Both parties produced rates evidence and at trial, which fell immediately after another big industry decision in Stevens v Equity, the judge awarded £19,980 for 74 days hire. The claimant appealed to the CoA. There were 3 grounds for appeal, plus a ‘3A’ that was added at a permission hearing.
Permission to appeal was granted on 2 grounds, with both then being dismissed. One of the grounds’ permission to appeal was dismissed, and the 3A was granted and the appeal was made. This was a complicated case, but the win for Keoghs was pleasing as the case centred on the acceptance that the ‘core’ rate for a vehicle should be treated separately from the ‘add ons’, something we have advocated for years.
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