Craig Montgomery v. Direct Line Insurance PLC, Sheriff Kathrine EC Mackie, Edinburgh Sheriff Court, 31st January 2011

The pursuer was involved in a road traffic accident with the defender's insured on 22nd July 2009 in Dalkeith. The parties agreed that the accident was caused by the fault and negligence of the defenders' insured. They also agreed upon the value for services rendered by the pursuer's wife (£100) and a sum for inconvenience (£25). The only issue in dispute was the amount of solatium to be awarded in respect of injuries sustained.

Injuries and Recovery:
The pursuer required to be cut from his car and was taken to A&E where he was examined and discharged with pain relief medication. The purser sustained a head injury, a soft tissue injury to his right shoulder and muscular spasm of the lumber region. The latter two injuries caused ongoing problems for which he had 8 sessions of physiotherapy treatment. Four months after the accident he continued to suffer stiffness and pain, particularly in the mornings. Full recovery was achieved after 6 months. The pursuer is employed as a joiner. He was off work for one week and suffered some pain during his work as a result of the accident. He was also unable to play recreational football for four months.

Parties' Submissions on Solatium:
The pursuer claimed for solatium in the amount of £2,675. The defenders submitted that the appropriate amount was £1,700. Both parties referred to a series of unreported cases to support their submissions.

Decision:
The sheriff remarked that the cases referred to lacked authority and could only be used as a general guide as to a range within which an award may fall. The sheriff recognised that the courts are required to achieve a degree of consistency in awards of a similar nature. However, she noted that these cases are often distinguishable on their individual facts and circumstances. It was therefore questionable whether these subjective cases could provide the court with the information necessary to satisfy the need for consistency in this case.

The sheriff accepted the parties' agreed valuation of £125 in respect of services and inconvenience. She found the defenders liable to the pursuer in the sum of £2,675 in respect of solatium for pain and suffering. All questions of interest and expenses were reserved and a hearing assigned thereon.