Hogg v Carrigan [2001] ScotCS 2 (5 January 2001)

Hogg v Carrigan [2001] ScotCS 2 (5 January 2001)

The court held that, in a seat belt case with admitted fault and no answer to negligent driving, the defender had effectively admitted liability. Even if a substantial reduction for contributory negligence were applied, the pursuer was bound to recover damages, and an interim award of £12,000 was justified as less than half the likely total damages.

Citation
[2001] ScotCS 2
Parties
Pursuer: Michael Alexander Hogg; Defender: Sheena Carrigan
Jurisdiction
Scotland
Judgment Date
05 January 2001
Procedural Posture
Personal Injury Claim / Interim Damages Application
Outcome
Interim damages awarded to pursuer
Legal Topics
Negligence, Contributory Negligence, Interim Damages, Seat Belt Defence
Tort Law Personal Injury Negligence Contributory Negligence Interim Damages Seat Belt Defence

Case Brief

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Parties

Michael Alexander Hogg

Pursuer

Sheena Carrigan

Defender

Procedural Posture

Personal Injury Claim / Interim Damages Application

Legal Issues

  1. 1 Whether the pursuer is entitled to interim damages under Rule 43.9(3) given the admission of fault but dispute over liability and contributory negligence for not wearing a seat belt
  2. 2 Whether the defender's admission of fault constitutes an admission of liability for the purposes of Rule 43.9(3)(a)
  3. 3 What proportion of damages should be awarded at the interim stage in light of potential contributory negligence

Ratio Decidendi

The court held that, in a seat belt case with admitted fault and no answer to negligent driving, the defender had effectively admitted liability. Even if a substantial reduction for contributory negligence were applied, the pursuer was bound to recover damages, and an interim award of £12,000 was justified as less than half the likely total damages.

Court Disposition

Interim damages awarded to pursuer

Orders

  • Defender to make interim payment of £12,000 to pursuer