Case Studies and Case Law

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  • BHR evidence is a very real saving to the Insurance Market against Credit Hire Costs.
  • Arbitrate can quickly generate robust, date-specific  and geographically appropriate evidence to show the ‘going rate’ or the Basic Hire Rate (BHR) for a period of hire.
  • Below are real-life examples of Basic Hire Rate Evidence that we have used to successfully defend an incoming Credit Hire Invoice:

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Basic Hire Rate Evidence has been enshrined in Case Law, appealed and supported in the Court process.

Case law supports Basic Hire Rate as being the lowest daily rental rate
available (using mainstream providers). See below for two recent examples:

Stevens v Equity – Court of Appeal 2015

This case concerned how the court should assess the Basic Hire Rate.

It was to decide whether the rate should be a subjective or objective test.

The Court confirmed, on the 26th February ‘15, that BHR is an objective test.  They went on to say that the claimant may only recover the lowest locally available rate for a vehicle from a mainstream company e.g. National, Europcar, Thrifty etc. (That said, if there is no mainstream company, from a local reputable supplier).

McBride v UK Insurance Ltd and Clayton v EUI Ltd [2017] EWCA Civ 144

Court of Appeal agreed the decision of Stevens Vs Equity 2015 was correct and consistent with the previous rulings of Pattni/Bent (no. 2) 2011 and Burdis Vs Livsey 2003.

Nil Excess etc. should be considered separately and not interfere with stripping out irrecoverable elements as laid down in Dimond Vs Lovell 2002.  Courts should readily admit into evidence any off the shelf excess elimination insurance to achieve nil excess, provided it is for the same car and period.

Courts should take a realistic approach to adjustments to the BHR, provided a vehicle is available on a 28 day rental against a 7 day requirement.

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