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15 May 2008 / Anthony Johnson
Issue: 7321 / Categories: Features , Legal services , Procedure & practice , Commercial
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Measuring loss

Why is the number of vehicle diminution claims rising? And how are they assessed? Anthony Johnson reports

In most cases where a vehicle is damaged, the measure of loss is simply the cost of repairing it. However, in some cases it is argued that, even where those repairs have been carried out satisfactorily, the vehicle in question has diminished in value purely by the fact that it has been repaired. Anecdotally it seems that claims of this type are increasing, perhaps due to the prevalence of accident management companies and claims handlers that can serve to heighten claimants' awareness of additional heads of claim.

This increase in diminution claims can be contrasted with the dearth of case law providing guidance on the appropriate principles that should be applied to them; this writer's research uncovered one Court of Appeal authority from 1974, one Scottish appellate decision, one district judge-level judgment on Lawtel and a handful of brief reports on county court-level cases on current law.

The starting point in considering a claim of this type has

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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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