Mcguire v. Nicholson [2002] ScotSC 207 (06 November 2002)

The defender was negligent in failing to keep his vehicle under control and crossing the centre line, causing the collision and the pursuer's injuries. The pursuer was credible and reliable; the defender was not. The pursuer is entitled to damages for her losses, with no contributory negligence found.

Citation: [2002] ScotSC 207
Parties: Pursuer: Laurette McGuire; Defender: Keith Nicholson
Jurisdiction: Scotland
Judgment Date: 06 November 2002
Procedural Posture: Civil (personal Injury, Road Traffic Accident) / Judgment After Proof
Outcome: Decree for the pursuer; defender found liable in negligence.
Legal Topics: Negligence, Damages, Liability in Road Traffic Accidents, Quantum of Damages, Solatium

Tort Personal Injury Road Traffic Law Negligence Damages Liability in Road Traffic Accidents Quantum of Damages Solatium

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 6

Parties

Laurette McGuire

Pursuer

Keith Nicholson

Defender

Procedural Posture

Civil (personal Injury, Road Traffic Accident) / Judgment After Proof

Legal Issues

1 Whether the defender was negligent in causing the road traffic accident
2 Whether the pursuer suffered injury and loss as a result of the defender's negligence
3 Assessment of quantum of damages

Ratio Decidendi

Court Disposition

Decree for the pursuer; defender found liable in negligence.

Orders

Defender to pay pursuer £3,851.54 with interest at 8% per annum from 29 January 2002 until judgment and thereafter at the judicial rate until payment.
Defender liable for expenses of the action; pursuer allowed to lodge account of expenses for taxation.