Russell v The National Farmers Union Mutual Insurance Society Ltd [2014] ScotCS CSOH_157 (30 October 2014)
The accident was caused by the defender’s insured, Mr Swinton, failing to take sufficient care when pulling out onto the main road and blocking the pursuer’s path; there was no evidence of contributory negligence by the pursuer.
- Citation
- [2014] ScotCS CSOH_157
- Parties
- Pursuer: Adam Russell; Defender: The National Farmers’ Union Mutual Insurance Society Limited
- Jurisdiction
- Scotland
- Judgment Date
- 30 October 2014
- Procedural Posture
- Personal Injury Action / Judgment After Proof
- Outcome
- Defenders liable to pursuer for insured driver’s breach of care.
- Legal Topics
- Negligence, Contributory Negligence, Duty of Care, Causation
Case Brief
Summary, issues, holding and outcome
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Parties
Adam Russell
Pursuer
The National Farmers’ Union Mutual Insurance Society Limited
Defender
Procedural Posture
Personal Injury Action / Judgment After Proof
Legal Issues
- 1 Was the collision caused by the defender’s insured failing to take reasonable care?
- 2 Did the pursuer contribute to the accident by failing to take reasonable care for his own safety?
Ratio Decidendi
The accident was caused by the defender’s insured, Mr Swinton, failing to take sufficient care when pulling out onto the main road and blocking the pursuer’s path; there was no evidence of contributory negligence by the pursuer.
Court Disposition
Defenders liable to pursuer for insured driver’s breach of care.
Orders
- Defenders to pay agreed damages of £66,000 inclusive of interest to 15 March 2014; interest to accrue thereafter as agreed.
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