| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 102 (Jun) |
| Neutral Citation: | [2012] EWHC 1599 (Comm) |
| Court: | Queen's Bench Division, Commercial Court |
| Judge: | Cooke J |
| Representation | Christopher Butcher QC and Jonathan Hough (instructed by Herbert Smith LLP) for the claimants. |
| Michael Curtis QC and Justin Davis (instructed by DAC Beachcroft LLP) for the defendants. | |
| Judgment Dates: | 15 June 2012 |
Catchwords
Damages - Measure of damages - Motor insurance - Claimants' vehicles being damaged by negligent drivers - Claimants being insured under policies permitting repair of vehicle for cost less than market value under insurer's system - Defendant insurers of negligent drivers submitting insurer's system inflating claims - Whether measure of claimants' loss being reasonable cost of repair - Whether reasonableness of repair being judged what claimant obtaining on open market.
The Case
Damages Measure of damages. The Commercial Court held that the measure of the claimants' loss where a vehicle had been negligently damaged and reasonably repaired was the reasonable, not the actual, costs and the reasonableness of the repair charge which would be assessed by reference to the position of the individual claimant, not its insurer.
Practice Areas
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