KENNETH SMITH v. DIRECT LINE INSURANCE PLC [2011] ScotSC 177 (14 November 2011)

KENNETH SMITH v. DIRECT LINE INSURANCE PLC [2011] ScotSC 177 (14 November 2011)

The Sheriff's award of £2,000 for solatium was within the reasonable bracket for the injury suffered, based on the facts as found, including the limited duration and impact of symptoms, and was not plainly wrong or unreasonable; therefore, there was no basis for appellate interference.

Citation
[2011] ScotSC 177
Parties
Pursuer and Appellant: Kenneth Smith; Defenders and Respondents: Direct Line Insurance PLC
Jurisdiction
Scotland
Judgment Date
14 November 2011
Procedural Posture
Summary Cause (personal Injury) / Appeal From Sheriff to Sheriff Principal
Outcome
Appeal refused; Sheriff's decision affirmed.
Legal Topics
Assessment of Damages, Judicial Discretion, Road Traffic Accident, Solatium, Appeal Standards
Personal Injury Civil Procedure Assessment of Damages Judicial Discretion Road Traffic Accident Solatium Appeal Standards

Case Brief

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Parties

Kenneth Smith

Pursuer and Appellant

Direct Line Insurance PLC

Defenders and Respondents

Procedural Posture

Summary Cause (personal Injury) / Appeal From Sheriff to Sheriff Principal

Legal Issues

  1. 1 Whether the Sheriff's award of £2,000 for solatium was plainly wrong or unreasonable and should be interfered with on appeal
  2. 2 Whether the Sheriff attached insufficient weight to medical evidence and absence from work

Ratio Decidendi

The Sheriff's award of £2,000 for solatium was within the reasonable bracket for the injury suffered, based on the facts as found, including the limited duration and impact of symptoms, and was not plainly wrong or unreasonable; therefore, there was no basis for appellate interference.

Court Disposition

Appeal refused; Sheriff's decision affirmed.

Orders

  • Appellant found liable to respondents in the expenses of the appeal as assessed.
  • Remit to Sheriff Clerk to fix a diet of assessment in respect of the expenses of the principal action and the appeal.