Bear Scotland LTD against Scott Dammer (Sheriff Court Civil) [2025] SCPER 66 (18 August 2025)

Bear Scotland LTD against Scott Dammer (Sheriff Court Civil) [2025] SCPER 66 (18 August 2025)

The reasonable cost of repair for damage to highway property may be assessed by reference to contractual rates established through a competitive tender process, provided these rates are market-tested and not clearly excessive. However, the pursuer cannot recover for betterment or for items not shown to be necessary repairs. Where the evidence does not support the reasonableness or necessity of certain claimed items (such as an extension to the barrier), those elements must be disallowed. The court must apply a flexible, evidence-based approach to quantification, deducting unsupported or improved elements from the award.

Citation
[2025] SCPER 66
Parties
Pursuer: Bear Scotland Limited; Defender: Scott Dammer
Jurisdiction
Scotland
Judgment Date
18 August 2025
Procedural Posture
Civil Reparation (damages for Property Damage) / Judgment After Proof Restricted to Quantum
Outcome
Decree for payment in favour of pursuer for £8,179.18; questions of interest and expenses reserved.
Legal Topics
Measure of Damages, Property Damage, Betterment, Quantification of Loss, Recovery of Consequential Losses
Tort Contract Civil Procedure Measure of Damages Property Damage Betterment Quantification of Loss Recovery of Consequential Losses

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Parties

Bear Scotland Limited

Pursuer

Scott Dammer

Defender

Procedural Posture

Civil Reparation (damages for Property Damage) / Judgment After Proof Restricted to Quantum

Legal Issues

  1. 1 What is the reasonable measure of damages for repair of highway property damaged by a negligent driver?
  2. 2 Is the pursuer entitled to recover the full contractual cost of repair, or must deductions be made for betterment and unsupported items?

Ratio Decidendi

The reasonable cost of repair for damage to highway property may be assessed by reference to contractual rates established through a competitive tender process, provided these rates are market-tested and not clearly excessive. However, the pursuer cannot recover for betterment or for items not shown to be necessary repairs. Where the evidence does not support the reasonableness or necessity of certain claimed items (such as an extension to the barrier), those elements must be disallowed. The court must apply a flexible, evidence-based approach to quantification, deducting unsupported or improved elements from the award.

Court Disposition

Decree for payment in favour of pursuer for £8,179.18; questions of interest and expenses reserved.

Orders

  • Defender to pay pursuer £8,179.18.