Damages

The pursuers, members of the deceased's family, sued a company for negligently installing a handrail which allegedly caused the deceased's fatal accident. The defenders tabled a plea of contributory negligence on the basis that the deceased's ability to descend the stairs was impaired b......

The Pursuer raised an action of damages for injuries sustained in a road traffic accident. He was retired and aged 69 at the time of the accident and 71 at proof. Liability was admitted and the only issue in dispute was the value of solatium. Following the accident, the Pursuer had experienced pain......

Correct assessment of damage. The judge had correctly assessed the level of damages for personal injury sustained during the course of employment. ......

Damages, consent and liability in the context of a road traffic accident claim ......

M is owner of shop and yard and S is his long lease tenant. M built a new shop in the yard. The yard was not occupied by S but considered by S to be to be part of her lease. S obtains an interim interdict against M entering the yard and the new shop in it on the basis of her lease document appe......

Accrual of cause of action for Francovich damages. In a claim for Francovich damages based on defective implementation of a Directive, the cause of action accrued on the date the Claimant was injured by an untraceable driver, since it was then that he was disadvantaged by the defects he alleged, r......

In making an award of damages for personal injury following a road traffic accident the judge had been entitled to find on the evidence that the claimant's post concussional syndrome would ameliorate over time and that the claimant had failed to prove that he was suffering from a rare form of doubl......

Loss of a Chance of Establishing Liability. In an action against a law firm for loss of a chance to pursue a claim for damages for personal injury against an employer, the Privy Council substituted its own assessment of the prospects of establishing liability and of successful recovery of any dama......

The Pursuer raised an action of damages following a road accident in December 2008. She was 23 years old at the time of the accident and 25 at the date of proof. Liability was admitted but there was a dispute over quantum.The Pursuer suffered a soft tissue injury to her lower back as a result of......

Proof:- In this action the pursuer, a successful rally driver, sought damages from the defenders, a provider of maps via DVDs used to assist navigators in a rally, following a crash in which the pursuer's car and he was psychiatrically injured. In this action the standard of negligence which fell t......

County Courts Act 1984, s.70: The Court confirmed that s.70 of the County Courts Act 1984 does not preclude the Court of Appeal from considering a second judgment made by the county court judge where the second judgment only gave further reasons for his decision and did not change the order that wa......

In a quantification of damages for personal injury, a claimant's decision not to abandon his studies towards a qualification upon which he had embarked could not be characterised as an unreasonable failure to mitigate his loss. Further, Blamire and Smith v Manchester awards were distinct and any aw......

Proof: Quantum. Liability was admitted in this action for damages arising out of a road traffic accident. The pursuer sued for a number of heads of loss including soft tissue back injuries, PTSD, past and future wage loss. The pursuer was repeatedly criticised for being unreliable and incredible on......

Recovery of the cost of hiring a replacement vehicle. When assessing damages for the cost of hiring a replacement car following a road traffic accident, the judge had misdirected himself and had erred in holding that a Claimant had failed to mitigate his loss by hiring an equivalent car instead o......

Whilst recognising that an appellate court would only interfere in exceptional cases, the Court of Appeal held that the judge below had taken the wrong approach to the assessment of general damages for pain, suffering and loss of amenity in a case of multiple personal injuries and accordingly it wa......

Damages for breach of contract and misuse of confidential information. The former directors of the claimant investment companies were in breach of their fiduciary duties and in breach of their obligation of loyalty by virtue of the steps they had taken prior to their resignation to promote the e......

General damages for frustration, loss of self-confidence and loss of self-esteem ......

The Court of Appeal held that the judge had been entitled to adopt an acceleration approach as to the assessment of the claimant's back injury and damages to be awarded thereof. The claimant's expert's opinion was that there was no reason to suggest that the claimant would have suffered a similar d......

Interim Payment Applications. The determination of the amount of an interim payment had to be in accordance with CPR r.25.7(4) rather than by consideration of the purpose for which the payment was sought. ......

Exemplary Damages. The acts of a police officer in physically restraining the appellant, handcuffing her, procuring her detention and giving false evidence in an attempt to secure her conviction could be capable of supporting a finding that he had behaved in an oppressive, arbitrary and unconsti......

A solicitors' firm did not owe a general implied duty under its retainer to seek the instructions of a committee, which had been established to negotiate licences of media rights, as to a bidder's solvency or as to whether requests were to be made for parent company guarantees. However, the firm ha......

Court Set Out Model Periodical Payments Order: The Court of Appeal had considered periodical payment orders in the three instant cases and found that it was appropriate to link them to the ASHE 6115 index rather than to the retail price index. The claimants thus sought approval of model periodi......

Damages for breach of a duty to take preventive measures to protect a vulnerable witnes. Where it was established that the state authorities knew or ought to have known of the existence of a real and immediate risk to the life of an individual as a result of the criminal acts of a third party, the......

Recalculation of damages for breach of professional duty. An award of damages for breach of professional duty was recalculated to put the victim of the breach in the position that it would have been in if the breach had not occurred. ......