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13 March 2015
Issue: 7644 / Categories: Case law , Law digest , In Court
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Damages

Stevens v Equity Syndicate Management Ltd [2015] EWCA Civ 93, [2015] All ER (D) 301 (Feb)

The issue for determination was the extent to which the credit hire charge incurred by the claimant was recoverable from the defendant insurer. The Court of Appeal, Civil Division, held that a judge faced with a range of hire rates should identify the rate or rates for hire, in the claimant’s geographical area, of the type of car actually hired on credit hire terms. The analysis had to strip out the irrecoverable costs. If a single rate, then that rate was likely to be a reasonable approximation for the basic hire rate. If a range of rates, then a reasonable estimate might be obtained by identifying the lowest reasonable rate quoted by a mainstream supplier or a local reputable supplier.

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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