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Jeroen Van Klavern v. Servisair (UK) Limited [2008] CSOH 136


Reparation:- In this action the pursuer sought damages of £200,000 following an accident on 12 August 2004 when the pursuer was working in the course of his employment as a baggage handler with the defenders at Aberdeen Airport. Here on behalf of the pursuer counsel sought summary decree and a restriction of the proof to quantum. It was submitted on behalf of the pursuers that the defenders' insurers entered into a binding obligation with the pursuer's agent which bound both the pursuer and the defenders and that liability had been accepted, with an obligation to pay damages assessed and an obligation to pay costs. It was further submitted that the obligation having been created, the defenders could not then withdraw from it. It was submitted on behalf of the defenders that the defenders' insurers' employee in admitting liability was not agreeing to be bound and indicated a lack of consent there being no intention to enter into contractual arrangements. Further, it was submitted that even if the Court was satisfied that a contractual liability did exist a proof was still necessary to establish the terms and extent of the contract and summary decree should not be granted. Here the court considered whether there was a binding contract on liability in the correspondence between the parties.