Stephen Bailey appeared for the successful respondent in Clayton v EUI  EWCA Civ 144, which the Court of Appeal heard at the same time as the appeal in McBride v UK Insurance. Judgment in both appeals was handed down today. The appeals concerned the correct assessment of the “basic hire rate” in credit hire claims. The Court has provided much needed guidance as to how the courts should assess damages in such claims where the claimant has obtained a nil excess collision damage waiver (“CDW”) product as part of the credit hire arrangements.
A copy of the judgment is available here: McBride and Clayton FINAL Judgment 13 03 1721769