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PI Brief Update

Editorial: Establishing Need to Hire for Corporate Claimants - Aidan Ellis, Temple Garden Chambers

01/03/13. It has been clear since Giles v Thompson [1994] 1 AC 142 that need to hire a replacement vehicle following a road traffic accident is “not self-proving” (at 167D). In relation to individual claimants it is not hard to establish need; as Lord Mustill continued “it is not hard to infer that a motorist who incurs the considerable expense of running a private car does so because he has a need for it”. Different considerations, however, apply to corporate claimants especially those with a fleet of vehicles at their disposal. Here evidence of the prior use of the damaged vehicle and the actual use of the hire vehicle is likely to be required; the absence of detailed evidence on these points may be fatal...

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The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.