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12 September 2013 / Stephen Gold
Issue: 7575 / Categories: Features , Civil way , Procedure & practice
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Civil way: 13 September 2013

Standing charge falls over...

Bus charge stop

West Midlands Travel Ltd operated 228 buses which were involved in about 3000 road traffic accidents a year of which around one-half were the fault of third parties. A lot of buses, a lot of accidents and a lot of claims. Like most bus operators, West Midlands maintained a certain amount of spare capacity to allow for accidents, maintenance, and other contingencies but all the buses in its fleet were used on a rotating basis. Because not all the fleet was on the road at any given time, the company was unable to recover loss of profit from a tortfeaser. Instead, it sought to recover a standing charge by way of general damages for loss of use and used a formula produced by the Confederation of Passenger Transport which, broadly speaking, ascribed to each bus a proportion of the total overheads incurred in operating the whole fleet. It was called a standing charge.

The standing charge concept, for public service vehicles at least, is no

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NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
A client cannot use a costs assessment to investigate whether their solicitor received commission on an after-the-event (ATE) insurance premium, the Court of Appeal has held
Law firms cannot be compelled to disclose documents protected by unwaived legal professional privilege (LPP) during misconduct investigations, the High Court has clarified
Solicitors have urged regulators not to impose unnecessary cost and complexity on third-party litigation funding
International demand for UK legal services is surging, with exports at record levels, according to Law Society research
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