The Horse's Mouth
Proud to be an Inverted snob!
In the Court of Session decision of Dickson –v- Kinsman & Centrica Plc [2013 CSOH 111] Lord Boyd had to determine liability in what he said “was a relatively simple case about a man who fell off his bicycle; a lot of time is spent in analysing an event which must have lasted no more than a minute or two”. He had been cycling on his usual route to work in Inverness in July 2008 when a Centrica van approached an oncoming junction in a manner and at a speed which made the pursuer think that its driver had not seen him and that he was about to be struck by the van so he braked suddenly and went over the handlebars. He ended up fracturing both wrists and was off work for a period of time. Damages were agreed at £26,000 and the only issue for the court was liability. In the event, the court found in favour of the pursuer and whilst it had no particular criticism of the credibility or reliability of the Centrica driver, the judge found significance in the fact that he only saw the cyclist when he was in mid-somersault thereby suggesting that he had not been keeping a proper lookout before then.
Apologise if someone else has reported this. A sensible scottish decision.
Apologise if someone else has reported this. A sensible scottish decision.
