Bent v Highways and Utilities Construction Ltd & Anor

Bent v Highways and Utilities Construction Ltd & Anor

The trial judge erred in law by refusing to consider evidence of spot hire rates from a later date and by failing to make an appropriate assessment of the spot hire rate for an equivalent car. The proper approach is to use available evidence, making reasonable adjustments for time differences, to determine the appropriate damages.

Parties
Claimant/respondent: Darren Bent; First Defendant/appellant: Highways and Utilities Construction Ltd; Second Defendant/appellant: Allianz Insurance plc
Jurisdiction
England and Wales
Judgment Date
24 March 2010
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed; retrial ordered
Legal Topics
Damages, Mitigation of Loss, Credit Hire, Assessment of Damages
Tort Law Civil Procedure Damages Mitigation of Loss Credit Hire Assessment of Damages

Case Brief

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Parties

Darren Bent

Claimant/respondent

Highways and Utilities Construction Ltd

First Defendant/appellant

Allianz Insurance plc

Second Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the trial judge erred in refusing to use evidence of spot hire rates from a later date to assess damages for car hire
  2. 2 Whether the claimant was entitled to recover the full credit hire charges incurred

Ratio Decidendi

The trial judge erred in law by refusing to consider evidence of spot hire rates from a later date and by failing to make an appropriate assessment of the spot hire rate for an equivalent car. The proper approach is to use available evidence, making reasonable adjustments for time differences, to determine the appropriate damages.

Court Disposition

Appeal allowed; retrial ordered

Orders

  • Case remitted for retrial on the issue of appropriate spot hire rate for an equivalent car
  • Both parties permitted to adduce further evidence on spot rates at the retrial