CM AGAINST AVIVA INSURANCE UK Ltd [2016] ScotSC 81 (13 December 2016)

CM AGAINST AVIVA INSURANCE UK Ltd [2016] ScotSC 81 (13 December 2016)

The defenders' persistent and deliberate failure to lodge a justified statement of valuation of claim, despite repeated opportunities and warnings, constituted a serious breach of the procedural rules under Chapter 36. This failure undermined the purpose of the rules, frustrated the pre-trial process, and denied the pursuer fair notice and engagement. The only appropriate sanction was to grant decree for payment in an amount not exceeding the pursuer's statement of valuation, following the approach in Moran v Freyssinet Limited.

Citation
[2016] ScotSC 81
Parties
Pursuer: CM; Defender: Aviva Insurance UK Limited
Jurisdiction
Scotland
Judgment Date
13 December 2016
Procedural Posture
Personal Injury Action (road Traffic Accident) / Motion for Decree by Default Following Failure to Lodge Statement of Valuation of Claim
Outcome
Decree by default granted against the defenders for payment to the pursuer.
Legal Topics
Sanctions for Procedural Non Compliance, Statement of Valuation of Claim, Timetabling in Personal Injury Actions, Decree by Default
Civil Procedure Personal Injury Sanctions for Procedural Non Compliance Statement of Valuation of Claim Timetabling in Personal Injury Actions Decree by Default

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Parties

CM

Pursuer

Aviva Insurance UK Limited

Defender

Procedural Posture

Personal Injury Action (road Traffic Accident) / Motion for Decree by Default Following Failure to Lodge Statement of Valuation of Claim

Legal Issues

  1. 1 Whether the defenders' failure to lodge a statement of valuation of claim justified decree by default under Chapter 36 of the Ordinary Cause Rules
  2. 2 Whether relief from sanction should be granted under rule 2.1 for failure to comply with the timetable
  3. 3 Whether the defenders' conduct warranted the ultimate sanction of decree for payment

Ratio Decidendi

The defenders' persistent and deliberate failure to lodge a justified statement of valuation of claim, despite repeated opportunities and warnings, constituted a serious breach of the procedural rules under Chapter 36. This failure undermined the purpose of the rules, frustrated the pre-trial process, and denied the pursuer fair notice and engagement. The only appropriate sanction was to grant decree for payment in an amount not exceeding the pursuer's statement of valuation, following the approach in Moran v Freyssinet Limited.

Court Disposition

Decree by default granted against the defenders for payment to the pursuer.

Orders

  • Decree for payment of £220,000 Sterling to the pursuer
  • Defenders found liable in expenses as taxed