Davis v. Catto & Anor [2010] ScotCS CSOH_93 (14 July 2010)

Davis v. Catto & Anor [2010] ScotCS CSOH_93 (14 July 2010)

The third party was not engaged in racing or competition with the first defender, but was driving at a grossly excessive speed and failed in his duty of care to slow down and allow the overtaking manoeuvre to be carried out safely. This breach contributed to the accident. The major responsibility rests with the first defender, but the third party is liable for a 20% contribution. The maxim ex turpi causa does not bar contribution in these circumstances.

Citation
[2010] ScotCS CSOH_93
Parties
Pursuer: Rachel Davis; First Defender: John Catto; Second Defender: CIS General Insurance Limited; Third Party: Stephen Skinner
Jurisdiction
Scotland
Judgment Date
14 July 2010
Procedural Posture
Civil Personal Injury / Judgment After Proof (trial) on Contribution
Outcome
Defenders entitled to recover from the third party a contribution of 20% of any damages and expenses for which they are found liable to pay to the pursuer.
Legal Topics
Negligence, Contribution Between Joint Wrongdoers, Duty of Care, Apportionment of Liability, Ex Turpi Causa Non Oritur Actio
Tort Insurance Law Civil Procedure Negligence Contribution Between Joint Wrongdoers Duty of Care Apportionment of Liability Ex Turpi Causa Non Oritur Actio

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Parties

Rachel Davis

Pursuer

John Catto

First Defender

CIS General Insurance Limited

Second Defender

Stephen Skinner

Third Party

Procedural Posture

Civil Personal Injury / Judgment After Proof (trial) on Contribution

Legal Issues

  1. 1 Whether the third party (Stephen Skinner) was a joint wrongdoer liable to make a contribution to the defenders for damages paid to the pursuer
  2. 2 Whether there was competition or racing between the first defender and the third party
  3. 3 Whether the third party breached a duty of care to the pursuer by driving at excessive speed

Ratio Decidendi

The third party was not engaged in racing or competition with the first defender, but was driving at a grossly excessive speed and failed in his duty of care to slow down and allow the overtaking manoeuvre to be carried out safely. This breach contributed to the accident. The major responsibility rests with the first defender, but the third party is liable for a 20% contribution. The maxim ex turpi causa does not bar contribution in these circumstances.

Court Disposition

Defenders entitled to recover from the third party a contribution of 20% of any damages and expenses for which they are found liable to pay to the pursuer.

Orders

  • Third party to pay 20% contribution to defenders for damages and expenses.