CV AGAINST ZENITH INSURANCE PLC AND AC [2018] ScotCS CSOH_70 (29 June 2018)

CV AGAINST ZENITH INSURANCE PLC AND AC [2018] ScotCS CSOH_70 (29 June 2018)

The evidence did not establish that the third party's driving caused or materially contributed to the collision. The deceased's excessive speed and failure to stop at the roundabout were the sole causes of the accident. No apportionment of liability is due under the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940.

Citation
[2018] ScotCS CSOH_70
Parties
Pursuer: CV; Defender: Zenith Insurance PLC; Third Party: AC
Jurisdiction
Scotland
Judgment Date
29 June 2018
Procedural Posture
Damages Action / Judgment After Proof Before Answer
Outcome
Defenders' case against the third party dismissed; no apportionment of liability.
Legal Topics
Apportionment of Liability, Negligence, Law Reform (miscellaneous Provisions) (scotland) Act 1940, Motor Vehicle Accident
Tort Insurance Personal Injury Apportionment of Liability Negligence Law Reform (miscellaneous Provisions) (scotland) Act 1940 Motor Vehicle Accident

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Parties

CV

Pursuer

Zenith Insurance PLC

Defender

AC

Third Party

Procedural Posture

Damages Action / Judgment After Proof Before Answer

Legal Issues

  1. 1 Whether the third party's driving caused or materially contributed to the collision resulting in loss, injury and damage to the pursuer
  2. 2 Whether liability for damages and expenses should be apportioned between the defenders and the third party under the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940

Ratio Decidendi

The evidence did not establish that the third party's driving caused or materially contributed to the collision. The deceased's excessive speed and failure to stop at the roundabout were the sole causes of the accident. No apportionment of liability is due under the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940.

Court Disposition

Defenders' case against the third party dismissed; no apportionment of liability.

Orders

  • No apportionment of liability under Law Reform (Miscellaneous Provisions) (Scotland) Act 1940
  • Defenders found liable to pursuer for taxed expenses of process and expert witnesses certified