Allan v Amlin UK Ltd [2013] ScotCS CSOH_156 (20 September 2013)

Allan v Amlin UK Ltd [2013] ScotCS CSOH_156 (20 September 2013)

Where a pursuer proves a reasonable course of action and quantifies loss, the onus is on the defender to prove that cheaper alternatives were available or that additional benefits were received. In the absence of such proof, the pursuer is entitled to recover the full amount of credit hire charges incurred.

Citation
[2013] ScotCS CSOH_156
Parties
Pursuer: Geraldine Allan; Defender: Amlin UK Limited
Jurisdiction
Scotland
Judgment Date
20 September 2013
Procedural Posture
Personal Injury / Quantification of Damages
Outcome
Pursuer entitled to recover full credit hire charges incurred, less agreed deduction.
Legal Topics
Credit Hire Charges, Mitigation of Loss, Onus of Proof, Personal Injury Damages
Tort Insurance Damages Credit Hire Charges Mitigation of Loss Onus of Proof Personal Injury Damages

Case Brief

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Parties

Geraldine Allan

Pursuer

Amlin UK Limited

Defender

Procedural Posture

Personal Injury / Quantification of Damages

Legal Issues

  1. 1 Recoverability of credit hire charges in personal injury claims
  2. 2 Onus of proof regarding mitigation and additional benefits
  3. 3 Entitlement to full credit hire rate absent proof of cheaper alternatives

Ratio Decidendi

Where a pursuer proves a reasonable course of action and quantifies loss, the onus is on the defender to prove that cheaper alternatives were available or that additional benefits were received. In the absence of such proof, the pursuer is entitled to recover the full amount of credit hire charges incurred.

Court Disposition

Pursuer entitled to recover full credit hire charges incurred, less agreed deduction.

Orders

  • Quantification of recoverable losses at £13,439 (£3,900 + £9,599 less £60) as at date of proof.
  • Case brought out by order for further submissions on interest and expenses before final interlocutor.