Mark Adams v National Insurance & Guarantee Corporation Limited ? Edinburgh Sheriff Court, July 2009

The Pursuer raised an action for damages after he was injured when his stationery car was struck from behind by a car being driven by the Defender's insured. Liability was admitted but there was a dispute over the value of solatium and a Proof took place. The Pursuer gave evidence and the terms of a medical report were agreed by Joint Minute. At the time of the Proof, the Pursuer was 48 years old. As a result of the collision, he suffered pain from some tearing of the muscles in his left upper back and soreness in his left shoulder. He was prescribed Ibuprofen. He was referred to a physiotherapist and had about 20 sessions of treatment. His sleep was disturbed and, initially, his upper body movement was restricted and he was in constant pain. The Pursuer was self employed and did not take time off work. He reduced the amount of driving he undertook and was unable to resume his hobbies of yoga, woodworking and fishing until he had completed the physiotherapy sessions. He recovered within 12 months of the accident. The Pursuer argued that a reasonable value of solatium would be £4,000, with interest at 4% from the date of the accident for a period of 12 months and at 8% after that. The Pursuer referred to a number of cases and also the JSB Guidelines. The Defender argued that the proper value for solatium was between £1,800 and £2,250. Again, a number of cases were referred to, as well as the JSB Guidelines. The Sheriff considered an appropriate award of solatium to be £4,000, together with interest as agreed by the parties.