McKenna v Aitchieson - Paisley Sheriff Court - 12th November 2009

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 and stiffness in his neck and shoulders. He had consulted his GP 4 days later and had been diagnosed with a whiplash injury. He had been prescribed analgesia and referred for physiotherapy. The Pursuer had been diagnosed as suffering from cervical spondylitis in 1988, but had been free of symptoms for many years. The accident had caused an acute exacerbation of his condition. The Pursuer continued to suffer neck pain and took painkillers daily. The Pursuer's symptoms would be fully resolved by April 2010 - 26 months after the accident. Following a Proof, The Pursuer referred to a number of authorities and suggested an appropriate award for solatium would be £5,000. The Defender also referred to authorities and argued that solatium was worth £3,500. The Sheriff drew the parties' attention the dicta of Sheriff Kinloch in Valentine v McGinty (Linlithgow Sheriff - Court 20 May 2008) and Sheriff Davidson in Sivewright v Sands (Dundee Sheriff Court - 6th May 2009) to the effect that appropriate reference to the JSB Guidelines was preferable to selective citation of unreported authorities. He assessed solatium at £3,750.