Allianz is upbeat on its chances of success in the ongoing credit hire legal battle involving Aston Villa footballer Darren Bent.
Earlier this week, permission was granted for the case to be referred back to the Court of Appeal.
Court documents revealed Lord Justice Aikens gave the go-ahead for the case to be brought before the Court of Appeal as it rasied “important issues” on how spot rates should be assessed when the claimant can afford the cost of repair.
The original case, Bent v Highways and Utilities Construction & Another, was first heard in the appeal court in March 2010, when Lord Justice Jacob questioned whether credit hire should only be available to claimants who cannot afford spot hire rates.
The case was then reheard at Cambridge County Court in February, to examine the credit hire rates charged, with Judge Plumstead finding that a reasonable person should have hired for approximately £20 000 less than the £63 000 Mr Bent claimed for a 94-day rental of an Aston Martin DB9.
His Mercedes, which was damaged during his accident, is valued at £72 000.
Commenting on the case, Tony Newman, claims spokesperson at Allianz, said: “We will be confidently contesting the appeal. Throughout the re-trial Her Honour Judge Plumstead was extremely careful to follow the guidance provided by the Court of Appeal.
Roy Hebburn (pictured), technical divisional claims manager, added: “The principles established in the Bent Court of Appeal decision cannot be overturned or varied – that would require the authority of the Supreme Court.
“The issue being considered is now on a much narrower point, which debates whether Her Honour Judge Plumstead properly applied the Court of Appeal guidance on spot rates. We fully believe that she carefully followed the guidance provided and that her judgment will be upheld.”
The date for the hearing is yet to be set but is expected to take place during the summer.
Source: PostOnline
