STEPHEN McFADDEN AGAINST ARMANDO MARGIOTTA AND UK INSURANCE Ltd [2016] ScotSC 44 (22 June 2016)

STEPHEN McFADDEN AGAINST ARMANDO MARGIOTTA AND UK INSURANCE Ltd [2016] ScotSC 44 (22 June 2016)

The accident occurred as described by credible eyewitnesses; the defender is liable for compensation. The pursuer is entitled to reasonable repair costs and market-rate car hire, but excessive hire charges are not recoverable.

Citation
[2016] ScotSC 44
Parties
Pursuer: Stephen McFadden; Defender: Armando Margiotta; Party Minuter: UK Insurance Limited
Jurisdiction
Scotland
Judgment Date
22 June 2016
Procedural Posture
Personal Injury Claim / Judgment After Proof
Outcome
decree for payment in favour of pursuer
Legal Topics
Motor Vehicle Accident, Liability, Quantum of Damages, Credit Hire, Solatium
Tort Insurance Law Road Traffic Motor Vehicle Accident Liability Quantum of Damages Credit Hire Solatium

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Parties

Stephen McFadden

Pursuer

Armando Margiotta

Defender

UK Insurance Limited

Party Minuter

Procedural Posture

Personal Injury Claim / Judgment After Proof

Legal Issues

  1. 1 Did the accident occur as described?
  2. 2 Is the defender liable for damages?
  3. 3 What is the reasonable quantum for car repairs and hire?

Ratio Decidendi

The accident occurred as described by credible eyewitnesses; the defender is liable for compensation. The pursuer is entitled to reasonable repair costs and market-rate car hire, but excessive hire charges are not recoverable.

Court Disposition

decree for payment in favour of pursuer

Orders

  • Defender and insurers to pay pursuer £18,875.70 comprising solatium, engineers’ report, car repairs, and car hire.