A recent judgment published by the Scottish Courts and Tribunals Service serves as a reminder that, while most road traffic claims are resolved through negotiation, cases that proceed to proof often turn on the credibility and reliability of the available evidence. In Watters v Mobsby [2026] SC KDY 86, Jackson Boyd solicitor Patrick Hannon successfully represented the claimant in a disputed liability action arising from a collision in a car park.
The case concerned a collision which occurred in February 2024. Liability remained in dispute throughout the litigation and the matter ultimately proceeded to proof before Sheriff Steven Borthwick KC.
The claimant’s position was that she had completed her reversing manoeuvre, brought her vehicle to a stop and was stationary when the defender reversed into her vehicle. The defender advanced a different account. Following the hearing of evidence, the sheriff accepted the claimant’s version of events and found that the defender had failed to observe the claimant’s vehicle before carrying out her reversing manoeuvre. Liability was therefore established against the defender.
The court granted decree in favour of the claimant for an agreed sum of damages, together with interest.
The Importance of Credibility and Reliability
What makes the case interesting is that it illustrates a feature common to many litigated road traffic claims. There was no independent evidence capable of conclusively resolving the dispute. The court was therefore required to assess the evidence before it, consider the competing accounts of events and determine where the balance of probabilities lay. In doing so, the sheriff preferred the claimant’s evidence and found in her favour.
Commenting on the decision, Patrick Hannon said:
“Most road traffic claims settle without the need for a court hearing. Parties should always carefully consider the risks and uncertainties of litigation when assessing any settlement proposal. However, where liability remains genuinely disputed and a reasonable settlement cannot be achieved, it falls to the court to determine what happened and where responsibility lies. We were pleased to secure a successful outcome for our client.”
The judgment is a useful reminder that the credibility, reliability and consistency of witness evidence remain fundamental to the success of civil claims. While every case must be assessed on its own facts, where disputes cannot be resolved through negotiation and independent evidence is unavailable, the quality of the evidence presented to the court can prove decisive.
A Successful Outcome
For Patrick Hannon and Jackson Boyd, the case represents a successful outcome in a disputed liability action and demonstrates the importance of thorough preparation when litigation becomes unavoidable.
