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Coles v Hetherton [2013] EWCA Civ 1704

20th Dec 2013

The Court of Appeal has determined an appeal from the Commercial Court in this case relating to Royal & Sun Alliance Insurance plc’s (RSA’s) model for arranging repairs to its policyholders’ vehicles and for making subrogated claims against at fault drivers.  That model had been attacked by other insurers, and managed litigation has been proceeding in the Commercial Court to determine the validity of those attacks.  The Court of Appeal found in RSA’s favour, dismissing the Appeal from Cooke J’s holding on issues of principle, and his decision to strike out large sections of the other insurers’ pleadings.  The case is one of considerable significance to the motor insurance market, and because of its reaffirmation as to the general principles applicable to the assessment of damages to chattels.

Christopher Butcher QC acted for RSA.

To view the judgment, please click here.