Outer House – (i) The pursuer is the guardian of John Rennie, who was seriously injured when he was run down by a car driven by the first defender. The first defender was subsequently convicted of assaulting Mr Rennie. Following a hearing in September 2013 on the pursuer’s motion for summary decree and interim damages, the second defender was found liable to make reparation to the pursuer, and interim damages were awarded. (2014 SLT 111) In March of this year, the pursuer moved the court to allow a proof, restricted to the issue of quantum. The second defender opposed that motion on the ground that it had averred that Mr Rennie had suffered damage as the result partly of his own fault and, separately, that he had provoked the assault. At the hearing on the motion, it was argued on behalf of the pursuer that the second defender’s averments on both of these issues are irrelevant and lacking in specification.
(ii) I have held that each of the second defender’s cases on contributory negligence and provocation is bound to fail, and I have allowed parties a proof of their averments, restricted to the issue of quantum of damages.
Lord Jones
[2014] ScotCS CSOH – 123
Bailii
Scotland
Damages
Updated: 31 October 2021; Ref: scu.535843