Credit Hire Aware | July 2020
Welcome to the latest edition of Credit Hire Aware.
If you want to know more about any of the topics discussed, or anything else in this diverse field - please contact the team.
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.
The credit hire team has had its busiest year yet, handling over 40,000 claims worth £130 million. We produced our fifth benchmarking review this month, in which we shared with our clients our understanding of the market, both in terms of the past and the challenges of the future.
One of the main difficulties in challenging credit repair inflation is presented by the Court of Appeal decision in Coles v Hetherton.
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.
While the legal landscape in respect of credit hire is largely settled and established in England and Wales, the same cannot be said for Scotland. Fraser McAndry and Emily Jeffery take a look at what differences insurers need to be aware of, and what changes are coming that will have an impact on the handling of Scottish credit hire claims.
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.
Judgment has been handed down in a significant credit hire fraud case, handled by Aviva and Keoghs. Partner, Fraser McAndry, led the case and explains the significance to the insurance industry.