Damages

Sexual abuse: The Court assessed the Claimant's damages following the admission of liability by the Defendants. The case involved sexual abuse of a child by a Catholic priest over a period of 10 years, as a result of which the Claimant had suffered severe mental health problems. ......

Cost of Reinstatement. Where a publishing company's archive of historic aviation material had been damaged by flooding and the company intended to reinstate the archive and it was reasonable to do so, the correct measure of damages was the cost of reinstatement. ......

Reclaiming Motion: Inner House: The pursuer at first instance enrolled a motion to amend the pleadings relative to the assumed rate of return on investment of damages in terms of section 1 of the Damages Scotland Act 1996. The amendment was to the effect that the appropriate rate of return for calc......

Assessment Of Damages For Pain, Suffering And Loss of Amenity For Mesothelioma:-Swift J was required to assess damages for pain, suffering and loss of amenity in respect of the 92 year old Claimant who had contracted mesothelioma following exposure to asbestos dust during the course of his former e......

The Pursuer claimed damages for injuries she suffered in a road traffic accident. Liability was not in dispute but quantum could not be agreed and a Proof took place. At the time of the Proof the Pursuer was 41 years old. She was the only witness to give evidence. On several important points her e......

Assessment of loss of pension rights. The county court judge had failed to apply the correct principles when assessing the claimant's entitlement to damages for loss of pension rights and accordingly a fresh assessment was required. ......

Earning capacity: It was held to be appropriate to recalculate the level of damages awarded to a passenger of a vehicle who had sustained brain damage in a road traffic accident so as to take into account the finding that a higher level of earning capacity was possible. The Recorder was entitled to......

Where there was doubt as to the interpretation of medical evidence in a trial to assess damages for past and future loss of earnings in a personal injury claim it was vital to the claim that the evidence was clarified, and in order to do so the matter would be remitted for reconsideration. ......

Exceptional case of recovering costs as part of damages awarded. It would only be in an exceptional case that costs, ordered to be paid by the claimant to the defendant in the course of a negligence claim by the former against the latter, could be recovered by the claimant from the defendant as ......

Proof: Personal Injuries: Liability not in dispute; proof on quantum. The pursuer suffered injury when, in the course of his employment, a heavy cutting machine fell on top of him. The pursuer was trapped in a bent over position. The weight of the machine caused an unusual low velocity, high torque......

Damages assessing lost chance. Where evidence became available for the first time after the date of the original trial in an action seeking to assess damages for lost chance, unless the evidence related to some entirely new matter which could not have been known about at the date of the original t......

In a Summary Cause action, the Pursuer claimed damages following an incident in which his parked vehicle was struck and damaged by a vehicle driven by the Defender's employee. It was not disputed that the Pursuer needed a replacement vehicle. He hired a vehicle for 19 days at a cost of just under &......

The power under the Damages Act 1996 s.2(9) to depart from the default position under s.2(8) of making a periodical payments order subject to the retail prices index could be exercised as the court considered appropriate and fair in all the circumstances, without the need to find exceptional circum......

No deduction from assessed damages to reflect possible future local authority care and direct payments. It was unnecessary and in any event impossible for the court to undertake the exercise of estimating what a claimant in a personal injury action might receive from a local authority by way of fi......

Value of confidential information. A judgment on an inquiry as to damages suffered by a partner by reason of misuse by former partners of confidential information following the dissolution of the partnership was set aside where the master had misdirected himself as to the correct method of valuing......

The English court dealing with a personal injury claim in respect of a road traffic accident that occurred in New South Wales had to apply English law to the assessment of damages as a matter of procedure to be regulated by the law of the forum under the Private International Law (Miscellaneous Pro......

Fatal Accident Claim. A termination of service payment made to the deceased's estate under a provident fund scheme did not prevent the deceased's widow from recovering Fatal Accidents Act damages in respect of her husband's expectation of receiving retirement benefits from that fund. ......

Smith v Manchester Award. The trial judge had been right to refuse to make a Smith v. Manchester award. He plainly found that the Claimant was fit and capable of doing non-physical work, such as clerical work, which was freely available to her, and he was entitled to conclude that there was no rea......

The Court of Appeal held that the judge's decision, that the Claimant had unreasonably failed to mitigate her loss in failing to accept the Defendant's offer of a replacement vehicle, was procedurally irregular in that the judge had decided the appeal on a basis contrary to the way in which it had ......

This is a significant judgment marking a change in the conduct of civil jury trials in Scotland. An enlarged bench was convened to hear conjoined motions for a new trial on the grounds, inter alia, that a) damages awarded by the juries were excessive (section 29(1)(d), Court of Session Act 19......

The Pursuer (aged 38 at Proof) raised an action of damages following a road traffic accident in October 2006. The Defender admitted liability but quantum could be not be agreed. The Pursuer was diagnosed with a whiplash injury and was prescribed painkillers. For about 2 months after the accident, t......

An award of basic damages for malicious prosecution below the range recommended by the judge and the failure to award aggravated damages were decisions that no reasonable jury could have come to in the circumstances. ......