Angela Singh and another against George Weightman and Co (Sheriff Court Civil) [2026] SCAIR 12 (20 January 2026)

Angela Singh and another against George Weightman and Co (Sheriff Court Civil) [2026] SCAIR 12 (20 January 2026)

The pursuer's pleadings failed to specify facts sufficient to establish causation of loss, as they did not aver that AVIVA or any other insurer would have provided cover had the correct information been given, nor did they specify the actual loss suffered beyond the insured value. The lack of specification was so profound that, even if all averments were proved, causation and quantum of loss would not be established. The action was therefore dismissed as irrelevant.

Citation
[2026] SCAIR 12
Parties
Pursuer: Angela Singh and Sunita Marwaha trading as J & M Properties; Defender: George Weightman & Company
Jurisdiction
Scotland
Judgment Date
20 January 2026
Procedural Posture
Civil / Judgment After Debate on Preliminary Pleas
Outcome
Action dismissed
Legal Topics
Negligence, Causation, Specification of Pleadings, Quantum of Damages, Insurance Misrepresentation
Delict Insurance Law Civil Procedure Negligence Causation Specification of Pleadings Quantum of Damages Insurance Misrepresentation

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Parties

Angela Singh and Sunita Marwaha trading as J & M Properties

Pursuer

George Weightman & Company

Defender

Procedural Posture

Civil / Judgment After Debate on Preliminary Pleas

Legal Issues

  1. 1 Whether the pursuer's pleadings sufficiently aver causation of loss resulting from the defender's alleged negligence
  2. 2 Whether the pursuer's pleadings provide adequate specification of quantum of damages

Ratio Decidendi

The pursuer's pleadings failed to specify facts sufficient to establish causation of loss, as they did not aver that AVIVA or any other insurer would have provided cover had the correct information been given, nor did they specify the actual loss suffered beyond the insured value. The lack of specification was so profound that, even if all averments were proved, causation and quantum of loss would not be established. The action was therefore dismissed as irrelevant.

Court Disposition

Action dismissed

Orders

  • Sustains the defender's first and second pleas-in-law
  • Repels the pursuer's first and second pleas-in-law