The claimant bus operator sought damages after one of its buses was off the road for several weeks. It made a claim for general damages for loss of use, using for that purpose a formula produced by the Confederation of Passenger Transport UK, which, broadly speaking, ascribes to each bus in the operator’s fleet a proportion of the total overheads incurred in operating the whole fleet; the ‘standing charge’ approach. The insurer appealed saying that the correct calculation was by reference to interest on capital together with an allowance for depreciation and other fixed charges referable to the damaged vehicle.
Held:
Judges:
Moore-Bick, Rimer, Underhill LJJ
Citations:
[2013] EWCA Civ 887
Links:
Statutes:
European Communities (Rights against Insurers) Regulations 2002
Jurisdiction:
England and Wales
Citing:
Cited – The Owners of No 7 Steam Sand, Pump Dredger v The Owners of SS ‘Greta Holme’ HL 1897
The plaintiff’s vessel, a sand dredger, was being used to deepen the river near the landing stage. It was damaged in a collision with the ‘Greta Holme’, for which the latter was solely responsible. The dredger was out of action for fifteen weeks and . .
Cited – The Owners of the Steamship Mediana v The Owners, Master and Crew of the Lightship Comet HL 1900
A lightship was damaged by negligence. The plaintiff harbour board kept a ship ready for emergencies, and consequently the damaged ship was replaced with the spare while she was being repaired. The question was whether the claimant could recover . .
Cited – Admiralty Commissioners v Owners of the Steamship Susquehanna; The Susquehanna HL 1926
An Admiralty oiler, the ‘Prestol’, was damaged in a collision with the defendants’ vessel in the Baltic. Her place was taken by another oiler, the ‘Belgol’, which was withdrawn from service on the Clyde. In effect, the Admiralty was able to make do . .
Cited – Admiralty Commissioners v Chekiang (Owner), The Chekiang HL 1926
There had been a collision at sea in which the defendant’s vessel caused damage to HMS Cairo. The House was asked to assess damages after damage to the plaintiff’s vessel, and whether in the case of a warship the registrar had been entitled to award . .
Lists of cited by and citing cases may be incomplete.
Damages, Transport
Updated: 17 June 2022; Ref: scu.513518