Gary Bowers against Aviva Insurance LTD (National Personal Injury Court) [2025] SCEDIN 57 (03 September 2025)

Gary Bowers against Aviva Insurance LTD (National Personal Injury Court) [2025] SCEDIN 57 (03 September 2025)

Although the pursuer was in the course of his work as a taxi driver and the action was properly raised in the All-Scotland Sheriff Personal Injury Court, the value of the claim remained below the Ordinary Cause threshold. The court retains discretion on the scale of expenses, and in this case, expenses are awarded on the Summary Cause scale.

Citation
[2025] SCEDIN 57
Parties
Pursuer: Gary Bowers; Defender: Aviva Insurance Limited
Jurisdiction
Scotland
Judgment Date
03 September 2025
Procedural Posture
Personal Injury (road Traffic Accident) / Post Settlement, Expenses Determination
Outcome
Decree granted in terms of the Joint Minute. Skilled witness certified. Expenses awarded on the Summary Cause scale.
Legal Topics
Road Traffic Accident, Jurisdiction, Expenses, Workplace Injury Definition
Personal Injury Insurance Law Civil Procedure Road Traffic Accident Jurisdiction Expenses Workplace Injury Definition

Case Brief

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Parties

Gary Bowers

Pursuer

Aviva Insurance Limited

Defender

Procedural Posture

Personal Injury (road Traffic Accident) / Post Settlement, Expenses Determination

Legal Issues

  1. 1 Whether the action was properly raised as an Ordinary Cause or should have been a Summary Cause
  2. 2 Whether expenses should be awarded on the Ordinary Cause or Summary Cause scale
  3. 3 Interpretation of 'work' under Article 5 of the 2015 Order and section 52 of the Health and Safety at Work etc Act 1974

Ratio Decidendi

Although the pursuer was in the course of his work as a taxi driver and the action was properly raised in the All-Scotland Sheriff Personal Injury Court, the value of the claim remained below the Ordinary Cause threshold. The court retains discretion on the scale of expenses, and in this case, expenses are awarded on the Summary Cause scale.

Court Disposition

Decree granted in terms of the Joint Minute. Skilled witness certified. Expenses awarded on the Summary Cause scale.

Orders

  • Decree in terms of the Joint Minute for £3750
  • Certification of Mr Bryn Jones as a skilled person