Steven v. Direct Line Insurance Plc [2007] ScotSC 77 (14 December 2007)

The court found that the pursuer suffered soft tissue injuries and anxiety as a result of the defender's admitted negligence, and that reasonable compensation for solatium was £1,600, with interest as agreed by parties.

Citation: [2007] ScotSC 77
Parties: Pursuer: Montgomery Steven; Defender: Direct Line Insurance plc
Jurisdiction: Scotland
Judgment Date: 14 December 2007
Procedural Posture: Civil Personal Injury (road Traffic Accident) / Judgment After Proof Restricted to Quantum
Outcome: Decree for payment in favour of the pursuer for £1,600 with interest; all other pleas repelled; expenses reserved.
Legal Topics: Personal Injury, Road Traffic Accident, Negligence, Quantum of Damages, Solatium

Tort Insurance Law Personal Injury Road Traffic Accident Negligence Quantum of Damages Solatium

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 11 Party arguments 2 Amounts and remedies 3

Parties

Montgomery Steven

Pursuer

Direct Line Insurance plc

Defender

Procedural Posture

Civil Personal Injury (road Traffic Accident) / Judgment After Proof Restricted to Quantum

Legal Issues

1 Assessment of damages for personal injury following a road traffic accident
2 Appropriate quantum for solatium given the injuries and circumstances

Ratio Decidendi

Court Disposition

Decree for payment in favour of the pursuer for £1,600 with interest; all other pleas repelled; expenses reserved.

Orders

Payment by the defenders to the pursuer of £1,600 sterling, with interest at 4% per annum from 10 November 2005 to 10 February 2006 and at 8% per annum from 11 February 2006 until payment.
All questions of expenses reserved for further hearing.