MCBRIDE V UK INSURANCE LTD; CLAYTON V EUI LTD

[2017] EWCA Civ 144, Court of Appeal, Lord Justice Flaux, Sir Timothy Lloyd and Sir Stanley Burnton, 15 March 2017

Insurance (motor) - Credit hire - Recoverability of hire charges - Measure of damages - Basic hiring rate - Whether additional cost of hiring with no excess recoverable

Each of the claimants in these cases had had their vehicles damaged by a driver insured by the respective defendant insurers. Each hired a replacement vehicle. The question before the Court of Appeal was the extent to which the hiring costs were recoverable. In both cases it was common ground that the vehicles hired were appropriate, and that credit hire was necessary due to the impecuniosity of the victims.