Ashton v Skews ? Paisley Sheriff Court, 19 January 2009

The Pursuer/Appellant appealed against an award of solatium of £1,500 for neck and back injuries. It was argued that the Sheriff's assessment of solatium had not been based on careful analysis of all the relevant facts on the basis that his Note referred to the Pursuer's injuries having resolved fully within 6 months, whereas his findings in fact stated that the Pursuer's injuries had resolved fully within 9 months. The Pursuer argued that an appropriate award for solatium based on the facts would be in excess of £2,500. The Pursuer referred to a number of cases in support of this figure. The Defender argued that the Pursuer has not demonstrated that the Sheriff's award was out of all proportion to the sum that ought to have been awarded. The Sheriff's award had not been inconsistent with awards made in cases of a similar type, nor was it outwith the appropriate range in the JSB Guidelines. The Sheriff Principal concluded that, in view of the Sheriff's findings in fact, it could not be said that his assessment of solatium had been carried out strictly in accordance with the facts which had been found to be established. On that basis, he had to give consideration to the sum which ought to have been awarded as solatium. He concluded that solatium could properly be assessed at £2,000 and varied the Sheriff's interlocutor to that extent.