Cruikshanks v Amlin UK Ltd [2013] ScotCS CSOH_12 (22 January 2013)

Cruikshanks v Amlin UK Ltd [2013] ScotCS CSOH_12 (22 January 2013)

The collision was wholly caused by the fault and negligence of Mr Garrett, who failed to keep a proper lookout and moved lanes when it was not safe. The pursuer was not contributorily negligent.

Citation
[2013] ScotCS CSOH_12
Parties
Pursuer: Jeffrey Cruikshanks; Defender: Amlin UK Limited
Jurisdiction
Scotland
Judgment Date
22 January 2013
Procedural Posture
Personal Injury Road Traffic Collision / Proof Before Answer
Outcome
Defender found solely liable; pursuer awarded agreed damages.
Legal Topics
Negligence, Liability, Contributory Negligence
Tort Personal Injury Road Traffic Negligence Liability Contributory Negligence

Case Brief

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Parties

Jeffrey Cruikshanks

Pursuer

Amlin UK Limited

Defender

Procedural Posture

Personal Injury Road Traffic Collision / Proof Before Answer

Legal Issues

  1. 1 Was the collision caused by the negligence of the defender's insured?
  2. 2 Was the pursuer contributorily negligent?

Ratio Decidendi

The collision was wholly caused by the fault and negligence of Mr Garrett, who failed to keep a proper lookout and moved lanes when it was not safe. The pursuer was not contributorily negligent.

Court Disposition

Defender found solely liable; pursuer awarded agreed damages.

Orders

  • Sustain pursuer's first plea-in-law
  • Repel defender's first, second, fourth and fifth pleas-in-law