Coles & Ors v Hetherton & Ors [2013] EWCA Civ 1704 (20 December 2013)

Coles & Ors v Hetherton & Ors [2013] EWCA Civ 1704 (20 December 2013)

The correct measure of damages for negligent damage to a vehicle is the diminution in value, typically evidenced by the reasonable cost of repair to the claimant on the open market. The insurer's arrangements and costs are irrelevant; the claimant may recover the reasonable cost, including reasonable ancillary...

Source-derived case information.

Citation
[2013] EWCA Civ 1704
Parties
Appellants: Coles & Others; Respondents: Hetherton & Others
Jurisdiction
England and Wales
Judgment Date
20 December 2013
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From Queen's Bench Division, Commercial Court
Outcome
Appeal dismissed
Legal Topics
Measure of Damages for Property Damage, Subrogation in Insurance Claims, Recovery of Repair Costs, Loss of Use Damages, Mitigation of Loss, General Vs Special Damages
Tort Law Insurance Law Measure of Damages for Property Damage Subrogation in Insurance Claims Recovery of Repair Costs Loss of Use Damages Mitigation of Loss General Vs Special Damages

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Parties

Coles & Others

Appellants

Hetherton & Others

Respondents

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From Queen's Bench Division, Commercial Court

Legal Issues

  1. 1 What is the correct measure of damages for a negligently damaged vehicle that is repaired?
  2. 2 Is the reasonableness of a repair charge to be judged by reference to the claimant's position or the insurer's position?
  3. 3 Are administrative, sundry, and courtesy car charges recoverable as damages?

Ratio Decidendi

The correct measure of damages for negligent damage to a vehicle is the diminution in value, typically evidenced by the reasonable cost of repair to the claimant on the open market. The insurer's arrangements and costs are irrelevant; the claimant may recover the reasonable cost, including reasonable ancillary charges and courtesy car costs, provided these do not exceed what the claimant would have paid on the open market. Mitigation is not relevant to direct loss in this context. The appeal was dismissed on all issues.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed on all three preliminary issues.
  • Appeal dismissed on strike out/summary judgment applications.