Replacement motor vehicles: recoverability of hiring charges

The measure of damages available to the victim of a negligent driver for loss of use of his vehicle pending repairs has been before the courts on numerous occasions in the past 15 years or so. In the joined cases McBride v UK Insurance Ltd; Clayton v EUI Ltd [2017] EWCA Civ 144 there was a challenge to the established practice of applying the lowest mainstream local rate for hire charges, and also extensive discussion of the right of a hirer to secure a hiring package with no excess for property damage. The lengthy judgment of the Court of Appeal on these issues was given by Flaux J.

McBride : the facts