The Hire Way - July 2016 - DAC Beachcroft

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The Hire Way - July 2016

Published 1 agosto 2016

Welcome to our new edition of the Hire Way. 

We are only half way through 2016, and it's been as eventful as originally anticipated. 

There has been no shortage of case law since our last edition. Need and rate continue to be a huge area of contention, as is how to deal with credit hire claims in the MOJ portal. 

This edition gives you an overview of all of the above, as well as some tips and guidance as to dealing with the claims in practice. 

Despite significant difficulty the GTA rate review has finally reached its conclusion, although the process has highlighted issues with the wording of the GTA which may need to be looked at in the near future. Whether credit hire as we know it will be the same in a year's time is yet to be seen. This, along with potential credit hire reform, will be a huge area of discussion at our annual credit hire conference on the 6th October 2016 in London.  We hope to see you there.

6 months in credit hire

Click here to read what has happened between January and June 2016.

Credit hire claims in the MOJ portal

Dealing with Credit hire in the MOJ Portal has never been straightforward, but most claims operations had a system that seemed to deal with the claims effectively.

However, The Court of Appeal has recently handed down its judgment in the case of Phillips -v- Willis [2016] EWCA Civ 401 in April 2016 which has resulted in the industry having to reconsider their working practices in this area.

Click here to read more. 

Spotlight on need - A shift in approach?

Following the Court's dismissal of Mr Frankland's claim in March 2016 on the basis of need, Defendant credit hire practitioners may have been right in hoping for a positive step towards further scrutiny by the Courts in the area of need for hire; but will this be short lived? Need continues to be a hotly contested area, and one that still requires a focus by Defendant credit hire practitioners.

Click here to read more.

Credit hire fraud

Focus on: Engineers

DAC Beachcroft currently has a number of projects concerning engineering firms and their practices.

Click here to read more.

News and Events

As always, the team have been involved in numeorus charity events.

Helen Bates took part in the 3 Peaks Challenge via Birmingham Corporate Social Responsibility in conjunction with Hunters Hill Technology College.

Brockwell Miller, Tom Reid, Paul Tyler Burke and Paul Kilkenny took part in the Leicestershire Wolf Run.

Jade Jones in our Newport credit hire team was part of the organising team who held a relay for life event in Pontypool. Approximately £60k was raised for Cancer Research UK.

Our annual credit hire conference has been booked for 6 October 2016 at our Fetter lane office in London and will again coincide with Post's Fraud Awards.  Click here to view the credit hire conference invite.

We look forward to seeing you there – More information will follow.

 

 

Authors

Emma Fuller

Emma Fuller

Newport

+44 (0) 163 365 7891

Helen Mason

Helen Mason

Birmingham

+44 (0) 121 698 5309

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