Scott McSeveney against Aviva Insurance Ltd (Court of Session) [2026] CSOH 18 (05 March 2026)

The pursuer's conduct, including admitted and proven dishonesty regarding his capabilities, constitutes an abuse of process, but since a genuine claim for loss of earnings cannot be discounted, dismissal is refused at this stage. The defender may renew the motion if the pursuer fails to candidly disclose his capabilities to expert witnesses and the court.

Citation: [2026] CSOH 18
Parties: Pursuer: Scott McSeveney; Defender: Aviva Insurance Ltd
Jurisdiction: Scotland
Judgment Date: 05 March 2026
Procedural Posture: Personal Injury Damages / Interlocutory Motion to Dismiss for Fundamental Dishonesty
Outcome: motion to dismiss refused in hoc statu
Legal Topics: Fundamental Dishonesty, Abuse of Process, Quantum of Damages, Personal Injury, Road Traffic Accident

Tort Insurance Law Civil Procedure Fundamental Dishonesty Abuse of Process Quantum of Damages Personal Injury Road Traffic Accident

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 2

Parties

Scott McSeveney

Pursuer

Aviva Insurance Ltd

Defender

Procedural Posture

Personal Injury Damages / Interlocutory Motion to Dismiss for Fundamental Dishonesty

Legal Issues

1 Whether the pursuer's conduct amounts to fundamental dishonesty justifying dismissal of the action as an abuse of process
2 Whether dismissal is appropriate where liability is admitted but quantum is disputed due to alleged dishonesty

Ratio Decidendi

Court Disposition

motion to dismiss refused in hoc statu

Orders

Defender's motion to dismiss refused at this stage
Defender may renew motion if pursuer fails to disclose capabilities candidly to experts and court