CHO Legal Update

True Solicitors, a CHO Associate Member, reports a couple of recent Covid-era cases in which applications made by Keoghs on behalf of defendant insurers have been defeated.

For reference, the cases concerned are Kingston –v- Accredited Insurance (Europe) Ltd (heard 8^th December 2021) and Khan v HDI Global SE (heard 4^th January 2022).

As Richard Milner at True comments in relation to this week’s decision in Khan – “This is the second application by Keoghs that we’ve defeated. In both cases they made the application against our client and the hire company. The hire company instructed their own barrister, and we instructed Stuart Nicol for the claimant in both cases. 

Keoghs were looking for disclosure of the mileage travelled in the hire vehicle and the call recordings between the client and the hire company. What they were fishing for was evidence that the client did not need a car during the first Covid lockdown when the guidance was to “stay at home” and only drive in very limited circumstances.”

Both cases are multi track cases with considerable damages being claimed and it is uncertain whether similar applications will be made in other cases.

For further detail on either of these cases, Richard Milner can be contacted at richard.milner@true.co.uk

If any of our members have experienced similar applications being made in cases involving hire in the Covid-era please contact matt.rowland@thecho.co.uk