PHILIP SAMSON AGAINST D.C.WATSON & SONS (FENTON BARNS) LIMITED and UK INSURANCE LIMITED [2021] SC EDIN 3 (14 January 2021)

PHILIP SAMSON AGAINST D.C.WATSON & SONS (FENTON BARNS) LIMITED and UK INSURANCE LIMITED [2021] SC EDIN 3 (14 January 2021)

The court found that the defenders breached their duty of care, causing the accident and the pursuer's injuries. The pursuer was entitled to damages, with a reduction for contributory negligence.

Citation
[2021] SC EDIN 3
Parties
Pursuer: Philip Samson; Defender: D. C. Watson & Sons (Fenton Barns) Limited; Defender: UK Insurance Limited
Jurisdiction
Scotland
Judgment Date
14 January 2021
Procedural Posture
Personal Injury / Judgment
Outcome
judgment for pursuer with reduction for contributory negligence
Legal Topics
Personal Injury, Negligence, Liability, Motor Vehicle Accident
Tort Insurance Personal Injury Negligence Liability Motor Vehicle Accident

Case Brief

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Parties

Philip Samson

Pursuer

D. C. Watson & Sons (Fenton Barns) Limited

Defender

UK Insurance Limited

Defender

Procedural Posture

Personal Injury / Judgment

Legal Issues

  1. 1 Whether the defenders were liable for the injuries sustained by the pursuer in a road traffic accident
  2. 2 Whether the pursuer is entitled to damages

Ratio Decidendi

The court found that the defenders breached their duty of care, causing the accident and the pursuer's injuries. The pursuer was entitled to damages, with a reduction for contributory negligence.

Court Disposition

judgment for pursuer with reduction for contributory negligence

Orders

  • Defenders to pay damages to pursuer, reduced by percentage for contributory negligence