39 Essex Street successful in Court of Appeal Credit Hire Test Case

39 Essex Street successful in Court of Appeal Credit Hire Test Case


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Benjamin Williams of 39 Essex Street acted for the successful appellants in the Court of Appeal case Copley v Lawn. The court held that in general the victim of a tort can make his own arrangements after an accident, and is under no obligation to accept arrangements made by the defendant’s insurer. Even where a court holds a claimant should have accepted such arrangements, it should not disallow the claimant’s claim, but restrict his recovery to the amount it would have cost the insurer to put its own arrangements in place. This case concerned attempted interventions by insurers in credit hire cases, but the case is thought to be of general interest to the insurance market, and raises important issues of mitigation which are of wider application. Ben was led by Christopher Butcher QC. Leave to appeal to the House of Lords was refused


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