header-logo header-logo

23 January 2015 / Stewart Fairhurst
Issue: 7637 / Categories: Features , Insurance / reinsurance
printer mail-detail

Vehicular diminution

fairhurst

Is there a claim for the vehicle’s diminution; if so, with what limits? Stewart Fairhurst reports

A vehicle is damaged in a collision and splendidly repaired. But might there still be a claim for damages arising out of the vehicle’s loss of value, simply because its history now involves it having been in a collision?

The leading case in the Court of Appeal—Payton v Brooks [1974] 1 Lloyd’s Rep 241—is the best starting point. In this case it was held that damages for diminution of value could be claimed. Roskill LJ set out this principle: “In a case where the evidence justifies a finding that there has been, on top of the cost of repairs, some diminution in market value—or, to put the point another way, justifies the conclusion that the loss to the plaintiff has not been fully compensated by the receipt of the costs of complete and adequate repairs, because of a resultant diminution in market value, I can see no reason why the plaintiff should be deprived of recovery under that

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

mfg Solicitors—Tracy Ashby

mfg Solicitors—Tracy Ashby

Birmingham partner returns to private client practice

No5 Barristers’ Chambers—Ian Tullett, Daniel Griffiths & Marc Forrest-Thomas

No5 Barristers’ Chambers—Ian Tullett, Daniel Griffiths & Marc Forrest-Thomas

Set introduces C-suite leadership team to support continued growth

Coodes Solicitors—17 promotions

Coodes Solicitors—17 promotions

Firm promotes 17 lawyers, including five new partners, across multiple practice areas

NEWS
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Employers are being urged to prepare now for far-reaching employment law changes taking effect in January 2027
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
back-to-top-scroll