Dear Highways England:
“Always do what is right. It will gratify half of mankind and astound the other.”
According to Highways England’s lawyers, Shakespeare Martineau (Corclaim):
The practice of inflating costs to make a profit when pursuing claims arising from non-fault accidents has been given the green light by the Court of Appeal and some fleet operators may choose to follow their example.
The case referred to is that of Coles v Hetherton and is regularly being cited by Highways England to assist them and their contractors pursuing demands for repairs to the Highways. These are not just the costs plus a reasonable uplift but, in some instances, many times what the Authority would pay. So much for serving the public, in this case, drivers, fleets, hauliers or their insurers.
The Authority’s lawyers recognise the moral dilemma, they reported upon the issue. But the post has one. Removed at the request of Highways England, possibly embarrassing, seemingly encouraging clients to act in an unethical manner to maximise claim values?
The account can be read here, together with the judgement. It serves as further evidence of the conduct Third Parties can expect to encounter from the ‘Public’ Authority.