4 February, 2021

Judgment in RTA claim offering guidance on apportionment between insurers and health care providers issued

Lady Wise has today issued her judgment in Widdowson v Liberty Insurance. It offers guidance on apportionment between the insurers of a driver who caused a fatal RTA and the health care providers who admitted breach of duty in respect of the care one of the victims of the accident received. Lady Wise held that the driver should bear by far the greatest share of the blame for what happened and apportioned 70% of the liability to his insurers. The remaining liability was split equally between the two health boards. Lady Wise also offered helpful guidance on the extent to which expert evidence can be led about the extent of any departure from normal practice by medical professionals, holding that expert evidence about the extent of fault was not admissible.

Ampersand’s Lauren Sutherland, QC represented the pursuers; Michael Stuart, QC and Jenny Nicholson represented the first defenders; David Stephenson, QC represented the second defenders; and Paul Reid represented the third defenders.

The judgment is available here

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