0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

Copley v Lawn and Maden v Haller, Court of Appeal, 17 June 2009

26 June 2009

Judgment in Copley v Lawn and Maden v Haller was handed down last week on 17 June 2009.

The case concerned insurers (or any other third party) offering free replacement cars as opposed to claimants hiring on a credit hire basis.

Judgment was entered for the claimants and the Court found that it was not unreasonable to reject or ignore an offer, where it does not make the cost of hire clear to the defendant, thereby enabling them to make a realistic comparison with the cost they are about to incur.

Conversely, if a claimant does have clear details of the alternative vehicle and cost, and proceeds to reject or ignore it, they may be considered to have acted unreasonably. The claimant, however, will still be entitled to at least the cost, which the defendant can show they would reasonably have incurred. As a result, the claimant would not forfeit the damages claim altogether.

The Court also refused permission to appeal the decision to the House of Lords.

focus on...

Broker Insight event

Catch up with our Broker Insight on-demand video. With many intermediaries looking to buy, sell or seek external investment, we explored the elements of a successful M&A transaction.


Legal updates

Gosden and another v Halliwell Landau and another [2021] EWHC 159 (Comm)

This claim addressed the question, of when the date for assessment of damages in cases of negligence should be determined and shows that when appropriate the Courts will depart from the default position.


Legal updates

Contribution claims post settlement – Percy v Merriman White & David Mayal [2021] EWHC 22 (Ch)

This claim addresses the question of whether a collateral defence can be raised to a claim for contribution following a settlement under the Contribution Act 1978 (“the Act”) and the apportionment of liability for negligence between a solicitor and a barrister.


Legal updates

Insurance Annual Review 2020-2021

In our review of developments in 2020 and analysis of some of the important issues on the horizon in 2021, we share insights that we hope will enable you to rise to the challenges, and make the most of the opportunities, which lie ahead across various sectors and lines of business.


The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up

Select which mailings you would like to receive from us.

Sign up