JM v Fife Council [2008] ScotCS CSIH_63 (05 December 2008)

JM v Fife Council [2008] ScotCS CSIH_63 (05 December 2008)

The Lord Ordinary's award of £75,000 for solatium was not wholly unreasonable or out of all proportion given the evidence and lack of professional support for psychiatric injury. However, the restriction of interest to the period from citation was a misdirection, as the delay in raising the action was sufficiently explained by the pursuer's circumstances. Interest should be awarded on £50,000 from 14 September 1966 at 4% per annum, on £25,000 from the same date at 2% per annum, and on the total and capitalised interest at 8% per annum from decree until payment.

Citation
[2008] ScotCS CSIH_63
Parties
Pursuer and Reclaimer: JM; Defenders and Respondents: Fife Council
Jurisdiction
Scotland
Judgment Date
05 December 2008
Procedural Posture
Reclaiming Motion (appeal) / Judgment on Appeal From Lord Ordinary
Outcome
Reclaiming motion refused as to principal sum; allowed as to interest; interlocutor varied to award interest as specified.
Legal Topics
Assessment of Damages, Interest on Damages, Vicarious Liability, Limitation of Actions
Personal Injury Delict Child Abuse Damages Assessment of Damages Interest on Damages Vicarious Liability Limitation of Actions

Case Brief

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Parties

JM

Pursuer and Reclaimer

Fife Council

Defenders and Respondents

Procedural Posture

Reclaiming Motion (appeal) / Judgment on Appeal From Lord Ordinary

Legal Issues

  1. 1 Whether the award of £75,000 for solatium was wholly unreasonable or out of all proportion to the injury suffered
  2. 2 Whether interest on damages should run only from the date of citation or from an earlier date

Ratio Decidendi

The Lord Ordinary's award of £75,000 for solatium was not wholly unreasonable or out of all proportion given the evidence and lack of professional support for psychiatric injury. However, the restriction of interest to the period from citation was a misdirection, as the delay in raising the action was sufficiently explained by the pursuer's circumstances. Interest should be awarded on £50,000 from 14 September 1966 at 4% per annum, on £25,000 from the same date at 2% per annum, and on the total and capitalised interest at 8% per annum from decree until payment.

Court Disposition

Reclaiming motion refused as to principal sum; allowed as to interest; interlocutor varied to award interest as specified.

Orders

  • Award of £75,000 for solatium upheld.
  • Interest on £50,000 from 14 September 1966 until decree at 4% per annum.