BARRY GLEKIN v. DIRECT LINE INSURANCE PLC [2012] ScotSC 86 (07 August 2012)

BARRY GLEKIN v. DIRECT LINE INSURANCE PLC [2012] ScotSC 86 (07 August 2012)

The accident was caused solely through the fault and negligence of the defenders' insured, who failed to take reasonable care for the safety of the pursuer's stationary vehicle by not keeping a proper lookout and colliding with it. The pursuer's evidence was preferred as credible and corroborated by expert testimony, and the defenders' insured's recollection was found to be mistaken.

Citation
[2012] ScotSC 86
Parties
Pursuer: Barry Glekin; Defender: Direct Line Insurance plc
Jurisdiction
Scotland
Judgment Date
07 August 2012
Procedural Posture
Damages for Reparation (road Traffic Accident) / Judgment After Proof on Liability
Outcome
Judgment for pursuer
Legal Topics
Negligence, Liability, Damages, Expert Evidence
Tort Insurance Road Traffic Negligence Liability Damages Expert Evidence

Case Brief

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Parties

Barry Glekin

Pursuer

Direct Line Insurance plc

Defender

Procedural Posture

Damages for Reparation (road Traffic Accident) / Judgment After Proof on Liability

Legal Issues

  1. 1 Was the accident caused by the fault and negligence of the defenders' insured?
  2. 2 Is the pursuer entitled to damages for the loss sustained?

Ratio Decidendi

The accident was caused solely through the fault and negligence of the defenders' insured, who failed to take reasonable care for the safety of the pursuer's stationary vehicle by not keeping a proper lookout and colliding with it. The pursuer's evidence was preferred as credible and corroborated by expert testimony, and the defenders' insured's recollection was found to be mistaken.

Court Disposition

Judgment for pursuer

Orders

  • Payment by defenders to pursuer of £4,172.65 Sterling with interest at 8% per annum from date of judgment until payment
  • Defenders liable to pursuer in expenses of process on summary cause scale as assessed