Wilson v Pyeroy Ltd [1999] ScotCS 199 (20 August 1999)

Wilson v Pyeroy Ltd [1999] ScotCS 199 (20 August 1999)

The court held that the pursuer suffered severe and permanent physical and psychological injuries as a result of the accident, which have profoundly affected his life and earning capacity. The court accepted that, but for the accident, the pursuer would have continued working as an advanced scaffolder at high earnings until age 65. The Ogden Tables, with adjustments for contingencies, were applied to calculate future loss of earnings. The court rejected the defenders' arguments regarding the pursuer's back problems and the necessity of GP evidence, finding no evidence that these would have curtailed his career. Substantial damages were awarded for solatium, past and future loss of...

Citation
[1999] ScotCS 199
Parties
Pursuer: William Wilson; Defenders: Pyeroy Limited
Jurisdiction
Scotland
Judgment Date
20 August 1999
Procedural Posture
Personal Injury Action / Assessment of Damages After Admission of Liability
Outcome
Damages awarded to pursuer
Legal Topics
Assessment of Damages, Loss of Earnings, Solatium, Future Loss, Personal Injury Compensation
Personal Injury Employment Law Tort Law Assessment of Damages Loss of Earnings Solatium Future Loss Personal Injury Compensation

Case Brief

Summary, issues, holding and outcome

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Parties

William Wilson

Pursuer

Pyeroy Limited

Defenders

Procedural Posture

Personal Injury Action / Assessment of Damages After Admission of Liability

Legal Issues

  1. 1 What is the appropriate amount of damages for the pursuer's injuries, including solatium, past and future loss of earnings, and other losses?
  2. 2 What is the proper approach to the calculation of future loss of earnings, including the selection of the multiplier and multiplicand?

Ratio Decidendi

The court held that the pursuer suffered severe and permanent physical and psychological injuries as a result of the accident, which have profoundly affected his life and earning capacity. The court accepted that, but for the accident, the pursuer would have continued working as an advanced scaffolder at high earnings until age 65. The Ogden Tables, with adjustments for contingencies, were applied to calculate future loss of earnings. The court rejected the defenders' arguments regarding the pursuer's back problems and the necessity of GP evidence, finding no evidence that these would have curtailed his career. Substantial damages were awarded for solatium, past and future loss of...

Court Disposition

Damages awarded to pursuer

Orders

  • Defenders to pay the pursuer £28,000 for solatium, with interest at 4% per annum on half that sum.
  • Defenders to pay the pursuer for past loss of earnings, calculated as the difference between Mr Ward's earnings and the pursuer's actual earnings, less agreed earnings and Disablement Pension, with interest at 4% per annum.