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17 November 2011
Issue: 7490 / Categories: Features , Civil way , Procedure & practice
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Civil way: 18 November 2011

On and on. X Factor? No, the credit hire litigation....

 

PUTTING PAID TO DEFENCE
 
On and on. X Factor? No, the credit hire litigation. Accident Exchange has recently trumped the defence of the tortfeaser’s insurers that credit hire charges were irrecoverable because of the unenforceability of two hire agreements. The deft route to success was for the claimant to notionally pay the charges. What happened is that Accident Exchange as agent for the claimant’s insurers transferred the amount of the charges of £138,000 to…Accident Exchange. “Meeting fire with fire” is how the claimant’s silk put it in W v Veolia Environmental Services (UK) PLC [2011] EWHC 2020 (QB), [2011] All ER (D) 280 (Jul) which was heard by Judge Mackie QC sitting in the London Mercantile Court. 
 
The claimant would be under a duty to account to his insurers for hire charges recovered as damages and if the underlying hire agreements were unenforceable that would have no impact on the duty to account. A novel argument, which the judge
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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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