Two first instances decisions were reported today - one by AX and the other by Auxillis. Both involved claims defended by DAC Beachcroft and, in both cases, the rate evidence was not sufficiently persuasive to support the arguments advanced by the respective defendants.
In the first case the judge awarded £4971.70 for the hire charges which was a full recovery. The Basic Hire Rate evidence was provided by Pinnacle and was dismissed. The Judge said that the approach taken by the author of the report in not searching the full period of hire - he only produced figures based on rates for a 7 day period - was wrong and did not discharge their evidential burden.
In the second case, DAC Beachcroft were also acting for the defendant in a claim involving Accident Exchange. The hire rate evidence was supplied by TCF but it failed to hit home and the hire charges were awarded in full.
These two decisions are both first instance decisions and there is no transcript of either judgment. They are reported more than anything to give members a feel for the mood post Bunting notwithstanding the fact that the transcript for that appeal is still awaited..