The case arose from a road traffic accident in which Mr Din was instructed on behalf of the defender. Quantum and causation were agreed, leaving only liability in dispute.

The pursuer’s position was that the defender’s insured had collided with his stationary vehicle while he was waiting behind a give-way line. The defender’s position, however, was that the pursuer had failed to give way and had collided with their insured’s correctly proceeding vehicle.

The pursuer’s case was supported solely by his own evidence. The defender led evidence from both their insured driver and an engineering expert.

Crucially, the pursuer maintained that he was stationary at the point of impact. The engineering expert’s evidence that this assertion was not consistent with the damage to both vehicles. The engineer’s evidence was accepted in full, and the sheriff’s preference for the defender’s evidence overall proved decisive.