Gary has been a specialist in credit hire claims for over twelve years and is widely regarded as a market leader for strategic and technical advice in this area. Gary has been at the forefront of several recent developments in the credit hire arena including the 2017 Court of Appeal decision of Clayton v EUI, which shifted the law in relation to recoverable hire rates firmly in insurers favour, and EUI v Charles, the successful strategic litigation initiative which opens the door for insurers to obtain crucial ‘impecuniosity disclosure’ before proceedings are issued.
Latest Insights by Gary Herring
Client Alerts 25/02/2021
Keoghs acted for the defendant and appellant in this important case which provides guidance on the issues that should be front of mind when considering rebuttal evidence from CHO's. Gary Herring reviews the decision picks out the key points.
Whilst it is to be applauded that the majority of the industry on both sides have undoubtedly worked hard to establish and maintain a co-operative approach through the Covid crisis, amongst the minority there is no doubt that the last nine months have starkly amplified some of the kind of behaviours that embody the very worst excesses of the credit hire industry.
The impact of COVID-19 continues to be felt in the credit hire market as the year draws to an end. Here we analyse the latest data to ascertain the extent of the inflation, and consider whether the provision of expensive high end vehicles is really an “entitlement” in the context of the lockdown restrictions. We give an update on the latest legal and case law developments from across the UK, then take a look ahead to what might be in store in 2021; including assessing the possible impact of Brexit on the credit hire market.
Client Alerts 10/11/2020
All too often responses for pleading impecuniosity are typically bland and unrevealing. A recent Court of Appeal ruling in Diriye v Bojaj may offer some clarity in terms of the expectations on a claimant when they pursue this route.
With several strategic litigation initiatives well under way, spearheaded by the bespoke CHO facing tactical team, we are pleased to provide an update to clients.
The recent amendments to CPR Practice Direction 16 that took effect from the 6 April 2020 are of particular interest to those involved in credit hire litigation; for the first time introducing mandatory requirements to plead within a Statement of Case certain matters specifically in relation to any credit hire claim. There are also new provisions in relation to statements of truth and witness statements.