AXA has welcomed the guidance provided by the Court of Appeal in its Judgment issued in the agreed set of ‘test cases’ in which evidence had been provided by Autofocus Limited.
Chris Voller, Claims Director at AXA Commercial Lines and Personal Intermediary, comments: “The complexity of the issues was reflected in the extensive written submissions to the Court and the three days of oral argument by Leading Counsel. We are pleased that the judgment has provided much-needed guidance for all those involved in the sector, and that there can be retrials on the question of rates and that fresh evidence can be adduced as to hire rates in order to determine an equitable resolution.”
He continues: “As regards the specific test cases and other similar past cases, AXA remains – as it has always been – committed to reach a negotiated settlement or resolution through mediation.”
The test cases, brought by Accident Exchange Limited, relate to an ongoing and industry-wide dispute between insurers and credit hire organisations about historic settlements of hire claims which were based on Defendant hire rates evidence provided by Autofocus.
Even though the Appeals on the test cases have been successful, the judgment in these cases will provide guidance on how late appeals against historic trial judgments involving such hire claims can now be dealt with by the courts. Ultimately if appeals on similar cases are now successful, they will go to retrial with fresh hire rates evidence.
