Anexo Group PLC - Liverpool, England-based integrated credit hire and legal services company - Announce a victory in the Supreme Court which ‘sets an important precedent concerning the recovery of contractual liabilities, remoteness and the burden of proof.’ Anexo says: ‘The case (Armstead v RSA) directly concerned whether the victim of a non-fault traffic accident is able to recover from the negligent driver’s insurance company any contractual liability which the victim owes the hire company; in this case the hire charges which were forfeited by the hire company while the vehicle was being repaired. On a broader scale, the ruling covers any situation where a claimant seeks to recover contractual liability to a third party.’
In the original hearing and in two subsequent appeals, the courts had found that such liabilities were not recoverable. The Supreme Court held that each of these courts was wrong in their reasoning and conclusion.
Executive Chair Alan Sellers says: ‘We are very pleased to announce this Supreme Court decision. It establishes that our clients, as claimants, can recover other liabilities to third parties which are caused by the at fault defendant; and further rules that the burden of proof lies with the defendant. The success of this appeal to the highest Court in the land marks a major milestone in the history of credit hire litigation and the ruling will reinforce our ability to represent the interests of our clients in all aspects of their claims.’
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