For immediate
release
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16 February 2024
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RNS Reach
Anexo Group
plc
('Anexo',
the 'Group' or the 'Company')
Successful Supreme Court
Appeal
Anexo (AIM: ANX), the specialist
integrated credit hire and legal services provider, is pleased to
announce a victory in the Supreme Court which sets an important
precedent concerning the recovery of contractual liabilities,
remoteness and the burden of proof.
The case (Armstead v RSA) directly
concerned whether the victim of a non-fault traffic accident is
able to recover from the negligent driver's insurance company any
contractual liability which the victim owes the hire company; in
this case the hire charges which were forfeited by the hire company
while the vehicle was being repaired. On a broader scale, the
ruling covers any situation where a claimant seeks to recover
contractual liability to a third party.
In the original hearing and in two
subsequent appeals, the Courts had found that such liabilities were
not recoverable. The Supreme Court held that each of these Courts
was wrong in their reasoning and conclusion.
The ruling establishes the principle
that a claimant can recover any liabilities incurred as a result of
an accident which may be owed to a third party. In order to be
reasonable, the liability needs to be reasonably foreseeable; in
this instance, a pre-estimate of the loss to the hire
company.
In a judgment which will have wider
implications, the Supreme Court held that the burden of proof in
such cases falls on the defendant. In common with other defences
which seek to reduce a claimant's recoverable losses (e.g.
intervening cause, failure to mitigate, contributory negligence or
scope of duty), it is now confirmed that it is for the defendant to
prove that any loss is too remote to be recoverable.
Alan Sellers, Executive Chairman of Anexo Group,
commented: "We are very pleased to announce this Supreme
Court decision. It establishes that our clients, as claimants, can
recover other liabilities to third parties which are caused by the
at fault defendant; and further rules that the burden of proof lies
with the defendant. The success of this appeal to the highest Court
in the land marks a major milestone in the history of credit hire
litigation and the ruling will reinforce our ability to represent
the interests of our clients in all aspects of their
claims."
-Ends-
For
further enquiries:
Anexo Group plc
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+44 (0) 151 227 3008
www.anexo-group.com
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Alan Sellers, Executive
Chairman
Mark Bringloe, Interim Chief
Financial Officer
Nick Dashwood Brown, Head of
Investor Relations
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WH
Ireland Limited
(Nominated Adviser & Joint Broker)
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Hugh Morgan / Chris Hardie / Darshan
Patel (Corporate)
Fraser Marshall / Harry Ansell
(Broking)
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+44 (0) 20 7220
1666
www.whirelandplc.com/capital-markets
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Zeus
(Joint Broker)
David Foreman / Louisa Waddell
(Investment Banking)
Simon Johnson (Corporate
Broking)
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+44 (0) 20 3829 5000
www.zeuscapital.co.uk
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Notes to Editors:
Anexo is a specialist integrated
credit hire and legal services provider. The Group has created a
unique business model by combining a direct capture Credit Hire
business with a wholly owned Legal Services firm. The integrated
business targets the impecunious not at fault motorist, referring
to those who do not have the financial means or access to a
replacement vehicle.
Through its dedicated Credit Hire
sales team and network of over 1,100
active introducers around the UK, Anexo provides
customers with an end-to-end service including the provision of
Credit Hire vehicles, assistance with repair and recovery, and
claims management services. The Group's Legal Services division,
Bond Turner, provides the legal support to maximise the recovery of
costs through settlement or court action as well as the processing
of any associated personal injury claim.
The Group was admitted to trading on
AIM in June 2018 with the ticker ANX.
For additional information please
visit: www.anexo-group.com.
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