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Thursday 4 August 2016

Claimant wins credit hire argument over 'super car'

Litigation Futures reports on a case in which the claimant succeeded in his claim for the credit hire of a top-of-the-range Mercedes while his McLaren was in the bodyshop having been scratched by a passing tractor. In a rather extreme application of the rule that the defendant has to take the claimant as it finds him, the judge was not swayed by the argument that he had several other cars at his disposal including a couple of Aston Martins (and was the point made that he could only drive one car at a time?).

As well as the credit hire cost, the claimant also recovered damages for the two months that it took before the Mercedes was provided. So how long did it take to deal with the scratches?

'via Blog this'

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