Currie (AP) v William Blackwood Clamp & Co-Operative Insurance Society Ltd [2001] ScotCS 45 (27 February 2001)

Currie (AP) v William Blackwood Clamp & Co-Operative Insurance Society Ltd [2001] ScotCS 45 (27 February 2001)

The pursuer was not barred from recovering damages as he was not engaged in serious criminal conduct under s.178(1)(b) Road Traffic Act 1988; the deceased owed a duty of care to the pursuer. However, the pursuer was contributorily negligent to the extent of one third due to his knowledge of the deceased's intoxication.

Citation
[2001] ScotCS 45
Parties
Pursuer: Paul Currie (A. P.); Defender: William Blackwood Clamp; Minuters: Co-operative Insurance Society Limited
Jurisdiction
Scotland
Judgment Date
27 February 2001
Procedural Posture
Personal Injury Action / Proof Before Answer; Interlocutor Continued for Payment and Possible Reclaiming Motion
Outcome
Judgment for pursuer with reduction for contributory negligence; cause continued for payment and possible reclaiming motion.
Legal Topics
Negligence, Duty of Care, Illegality Defence, Contributory Negligence, Motor Vehicle Accident, Damages
Tort Insurance Law Negligence Duty of Care Illegality Defence Contributory Negligence Motor Vehicle Accident Damages

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Parties

Paul Currie (A. P.)

Pursuer

William Blackwood Clamp

Defender

Co-operative Insurance Society Limited

Minuters

Procedural Posture

Personal Injury Action / Proof Before Answer; Interlocutor Continued for Payment and Possible Reclaiming Motion

Legal Issues

  1. 1 Whether the pursuer was barred from recovering damages due to alleged criminal conduct under s.178(1)(b) Road Traffic Act 1988
  2. 2 Whether the deceased owed a duty of care to the pursuer
  3. 3 Extent of contributory negligence by the pursuer

Ratio Decidendi

The pursuer was not barred from recovering damages as he was not engaged in serious criminal conduct under s.178(1)(b) Road Traffic Act 1988; the deceased owed a duty of care to the pursuer. However, the pursuer was contributorily negligent to the extent of one third due to his knowledge of the deceased's intoxication.

Court Disposition

Judgment for pursuer with reduction for contributory negligence; cause continued for payment and possible reclaiming motion.

Orders

  • Pursuer awarded £40,000 in damages (two thirds of agreed £60,000) inclusive of interest to date of decree, subject to deduction of benefits as per statute.
  • Minuters to pay expenses of the action.