Miller v Sabre Insurance Company Ltd [2010] ScotCS CSOH_139 (19 October 2010)
The pursuer proved entitlement to damages for pain and suffering, services, loss of use, inconvenience, and outlays, but failed to prove causation for certain claimed injuries. Damages assessed at £3,490.76 with interest at 8% per annum from 19 October 2010.
- Citation
- [2010] ScotCS CSOH_139
- Parties
- Pursuer: Eric Miller; Defender: Sabre Insurance Company Limited
- Jurisdiction
- Scotland
- Judgment Date
- 19 October 2010
- Procedural Posture
- Reparation Action / Proof Restricted to Quantum of Damages
- Outcome
- Decree for payment by defenders to pursuer of £3,490.76 with interest at 8% per annum from 19 October 2010.
- Legal Topics
- Road Traffic Accident, Damages Assessment, Causation, Solatium, Services Under Administration of Justice Act 1982
Case Brief
Summary, issues, holding and outcome
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Parties
Eric Miller
Pursuer
Sabre Insurance Company Limited
Defender
Procedural Posture
Reparation Action / Proof Restricted to Quantum of Damages
Legal Issues
- 1 quantum of damages for personal injuries
- 2 causation of injuries
- 3 assessment of solatium and services
Ratio Decidendi
The pursuer proved entitlement to damages for pain and suffering, services, loss of use, inconvenience, and outlays, but failed to prove causation for certain claimed injuries. Damages assessed at £3,490.76 with interest at 8% per annum from 19 October 2010.
Court Disposition
Decree for payment by defenders to pursuer of £3,490.76 with interest at 8% per annum from 19 October 2010.
Orders
- Payment of £3,490.76 to pursuer
- Interest at 8% per annum from 19 October 2010 until payment
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