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Smith v Loughin

15 September 2000
The issues

Whether a claim for diminution in value of his vehicle should be allowed – what evidence was necessary.

The facts

Road traffic accident. Liability admitted. Claim brought for diminution of the value of the vehicle. Claimant contended vehicle valued at £6,500 but that its value diminished by 5% relying upon an engineer’s report and by virtue of it being a repaired vehicle. See Peyton -v- Brookes. Defendant contended (a) there was no evidence that the engineer had inspected the vehicle before or after repairs or that the repairs were not carried out to a satisfactory and competent standard; (b) there was no evidence to suggest that the Claimant was not satisfied with the repairs; (c) any repairs carried out would carry a twelve month guarantee and any defects would be covered by the warranty.

The decision

The claim for this head was dismissed. There was no evidence that the engineer had inspected nor that the repairs had not been carried out to a satisfactory standard.

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