Munro v Sturrock (t/a Scotmaps) [2010] ScotCS CSOH_116 (17 August 2010)

Munro v Sturrock (t/a Scotmaps) [2010] ScotCS CSOH_116 (17 August 2010)

The court found as a fact that the angle of the bend was 30°, not 70°, and that describing it as a 4 (40°) was within the acceptable subjective range for rally route notes. The use of the term 'in' was not misleading or negligent. There was no error by the defender in the preparation of the route notes, and thus no breach of duty or negligence established.

Citation
[2010] ScotCS CSOH_116
Parties
Pursuer: Raymond Munro; Defender: William Sturrock (trading as Scotmaps)
Jurisdiction
Scotland
Judgment Date
17 August 2010
Procedural Posture
Civil Delict (negligence) / Proof on Liability Only
Outcome
Defender assoilzied (absolved from liability); pursuer's claim dismissed.
Legal Topics
Professional Negligence, Standard of Care, Subjective Assessment, Expert Evidence, Misrepresentation
Delict Negligence Contract Professional Negligence Standard of Care Subjective Assessment Expert Evidence Misrepresentation

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Parties

Raymond Munro

Pursuer

William Sturrock (trading as Scotmaps)

Defender

Procedural Posture

Civil Delict (negligence) / Proof on Liability Only

Legal Issues

  1. 1 Whether the defender was negligent in the preparation of rally route notes
  2. 2 Whether the description of the bend as '4Lin' was inaccurate and caused the pursuer's crash
  3. 3 Whether the use of the term 'in' in the route notes was misleading or negligent

Ratio Decidendi

The court found as a fact that the angle of the bend was 30°, not 70°, and that describing it as a 4 (40°) was within the acceptable subjective range for rally route notes. The use of the term 'in' was not misleading or negligent. There was no error by the defender in the preparation of the route notes, and thus no breach of duty or negligence established.

Court Disposition

Defender assoilzied (absolved from liability); pursuer's claim dismissed.

Orders

  • Defender assoilzied; no liability found against defender.