Coles and others v Hetherton and others [2012] EWHC 1599 (Comm), [2012] All ER (D) 102 (Jun)
Queen’s Bench Division, Commercial Court, Mr Justice Cooke, 15 Jun 2012
Where a vehicle was negligently damaged and has been reasonably repaired, rather than written off, the measure of the claimant’s loss is the reasonable cost of repair. Further, the reasonableness of the repair charge, as a measure of the diminution in the value of the damaged car, is to be assessed by reference to the position of the individual claimant, without reference to his insurers or to any benefits which he has obtained under his insurance policy.
Christopher Butcher QC and Jonathan Hough (instructed by Herbert Smith LLP) for the claimants. Michael Curtis QC and Justin Davis (instructed by DAC Beachcroft LLP) for the defendants.
Thirteen actions on the subject of combined case management orders were before the court. In each case, the claimants had been involved in minor road traffic accidents in which their vehicles had been damaged by the
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