Wednesday, July 15th, 2026
Fergus Smith v UK Insurance Company Ltd [2026] SC GLA 80
Sheriff A F Deutsch has issued his judgment in Fergus Smith v UK Insurance Company Limited following a proof in Glasgow Sheriff Court, where Compass Advocate Steve Laing appeared for the defender.
The pursuer sought damages following a road traffic accident in which liability for the collision was admitted by the defender's insured. The pursuer claimed the cost of vehicle repairs, hire charges, an engineer's inspection fee and inconvenience. The question at proof was whether the pursuer had established recoverable loss arising from the accident.
The court held that the pursuer had failed to establish any recoverable loss. Sheriff Deutsch found that the invoices relied upon in support of the claims had prescribed, with no evidence that the pursuer remained liable to pay them. The court also found that the remaining heads of claim were not supported by sufficient evidence.
The defender's pleas were sustained, the pursuer's pleas repelled and decree of absolvitor was granted.
The judgment can be read here.
