Sherwood v. Hamilton-Gray [2007] ScotSC 33 (09 July 2007)

The defender was at fault in deliberately driving the mower towards the pursuer and failing to show reasonable care for his safety. The pursuer contributed to his injury by placing himself in a position of danger, warranting a 10% reduction in damages. The pursuer's account was preferred as credible and consistent with the medical evidence.

Citation: [2007] ScotSC 33
Parties: Pursuer: Paul Sherwood; Defender: Peter Hamilton-Gray
Jurisdiction: Scotland
Judgment Date: 09 July 2007
Procedural Posture: Civil (reparation/delict) / Judgment After Proof (trial)
Outcome: Decree for pursuer (judgment for the plaintiff)
Legal Topics: Negligence, Intentional Tort, Contributory Negligence, Damages, Liability for Injury

Delict Personal Injury Tort Negligence Intentional Tort Contributory Negligence Damages Liability for Injury

Case Brief

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Parties

Paul Sherwood

Pursuer

Peter Hamilton-Gray

Defender

Procedural Posture

Civil (reparation/delict) / Judgment After Proof (trial)

Legal Issues

1 Whether the defender was at fault in causing injury to the pursuer by driving a mower over his foot
2 Whether the pursuer contributed to his own injury by his actions
3 Quantum of damages for the injury sustained

Ratio Decidendi

Court Disposition

Decree for pursuer (judgment for the plaintiff)

Orders

Defender to pay pursuer £1800 with interest at 4% per annum from 14 July 2002 to date of judgment and at 8% per annum thereafter until payment
Hearing on expenses fixed for 8 August 2007 at 10:00am