header-logo header-logo

12 September 2013 / Stephen Gold
Issue: 7575 / Categories: Features , Civil way , Procedure & practice
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
back-to-top-scroll