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 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.
One of the main difficulties in challenging credit repair inflation is presented by the Court of Appeal decision in Coles v Hetherton.
Whilst the spectre of the coronavirus outbreak has loomed over credit hire for most of 2020, particularly in terms of the impact on the parts supply chain from Asia and Europe, few could have fully appreciated – even as recently as early March - the profound impact on society generally that the pandemic would have.