Anderson v Hameed & Anor [2010] ScotCS CSOH_99 (20 July 2010)

Anderson v Hameed & Anor [2010] ScotCS CSOH_99 (20 July 2010)

The pursuer knew the car was taken without the owner's consent and was thus engaged in joint criminal activity with the defender, precluding recovery of damages for personal injury resulting from the defender's negligence.

Citation
[2010] ScotCS CSOH_99
Parties
Pursuer: KAJ Dalberg Andersen; Defender: Mohammed Hameed; Party Minuters: Esure Services Limited
Jurisdiction
Scotland
Judgment Date
20 July 2010
Procedural Posture
Personal Injury Action / Judgment After Proof (trial)
Outcome
Decree of absolvitor granted in favour of the defender and party minuters; pursuer's claim dismissed.
Legal Topics
Joint Criminal Enterprise, Personal Injury, Motor Vehicle Insurance, Excluded Liability Under Road Traffic Act 1988, Contributory Negligence
Tort Insurance Law Criminal Law Joint Criminal Enterprise Personal Injury Motor Vehicle Insurance Excluded Liability Under Road Traffic Act 1988 Contributory Negligence

Case Brief

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Parties

KAJ Dalberg Andersen

Pursuer

Mohammed Hameed

Defender

Esure Services Limited

Party Minuters

Procedural Posture

Personal Injury Action / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the pursuer was engaged in joint criminal activity with the defender, barring recovery of damages
  2. 2 Whether the pursuer knew or had reason to believe the vehicle was unlawfully taken, affecting insurer liability under s.151(4) Road Traffic Act 1988
  3. 3 Whether contributory negligence applied

Ratio Decidendi

The pursuer knew the car was taken without the owner's consent and was thus engaged in joint criminal activity with the defender, precluding recovery of damages for personal injury resulting from the defender's negligence.

Court Disposition

Decree of absolvitor granted in favour of the defender and party minuters; pursuer's claim dismissed.

Orders

  • Decree of absolvitor granted
  • All questions of expenses reserved