McLachlan Or Coats As Curator Bonis To Adrian Coats v Bowie & Ors [2000] ScotCS 107 (20 April 2000)

McLachlan Or Coats As Curator Bonis To Adrian Coats v Bowie & Ors [2000] ScotCS 107 (20 April 2000)

The defender failed to prove that the third party was driving at excessive speed or failed to exercise reasonable care. The evidence established that the third party acted reasonably in the crisis created by the defender's unexpected movement. There was no breach of duty by the third party, and thus no basis for relief against him under section 3(2) of the 1940 Act.

Citation
[2000] ScotCS 107
Parties
Pursuer: Grace Pratt McLachlan or Coats, as Curator bonis to Adrian Coats; Defender: Alexander Bowie; Third Party: Gerald Houton
Jurisdiction
Scotland
Judgment Date
20 April 2000
Procedural Posture
Reparation (personal Injury) / Judgment After Proof (trial) on Third Party Claim for Relief
Outcome
Defender's claim for relief against the third party dismissed; decree of absolvitor granted in favour of the third party.
Legal Topics
Contribution and Relief, Negligence, Road Traffic Accident, Standard of Care
Tort Personal Injury Road Traffic Law Contribution and Relief Negligence Road Traffic Accident Standard of Care

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Parties

Grace Pratt McLachlan or Coats, as Curator bonis to Adrian Coats

Pursuer

Alexander Bowie

Defender

Gerald Houton

Third Party

Procedural Posture

Reparation (personal Injury) / Judgment After Proof (trial) on Third Party Claim for Relief

Legal Issues

  1. 1 Whether the third party (motorcycle driver) was at fault and liable to contribute to the defender's liability for the accident under section 3(2) of the Law Reform (Miscellaneous Provision) (Scotland) Act 1940
  2. 2 Whether the third party was driving at excessive speed or failed to take reasonable care to avoid the accident

Ratio Decidendi

The defender failed to prove that the third party was driving at excessive speed or failed to exercise reasonable care. The evidence established that the third party acted reasonably in the crisis created by the defender's unexpected movement. There was no breach of duty by the third party, and thus no basis for relief against him under section 3(2) of the 1940 Act.

Court Disposition

Defender's claim for relief against the third party dismissed; decree of absolvitor granted in favour of the third party.

Orders

  • Defender's plea-in-law 4 repelled
  • Third party's pleas-in-law 2, 3 and 4 sustained