Lewis v Richardson [2002] ScotCS 21 (23rd January, 2002)

Lewis v Richardson [2002] ScotCS 21 (23rd January, 2002)

An award of £5,000 for solatium is appropriate, reflecting the frightening nature of the accident, the pain and suffering endured, and the limited disruption to the pursuer's life. The award should not be reduced because the pursuer minimised the impact of her injuries.

Citation
[2002] ScotCS 21
Parties
Pursuer: Helen Lewis; Defender: Graham Richardson
Jurisdiction
Scotland
Procedural Posture
Damages Claim (personal Injury) / Assessment of Damages After Admission of Liability
Outcome
Damages awarded to pursuer.
Legal Topics
Assessment of Damages, Solatium, Road Traffic Accident, Pain and Suffering, Interest on Damages
Tort Law Personal Injury Assessment of Damages Solatium Road Traffic Accident Pain and Suffering Interest on Damages

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Parties

Helen Lewis

Pursuer

Graham Richardson

Defender

Procedural Posture

Damages Claim (personal Injury) / Assessment of Damages After Admission of Liability

Legal Issues

  1. 1 What is the appropriate amount of solatium for the pursuer's injuries?
  2. 2 Should the award be reduced due to the pursuer's efforts to minimise disruption to her life?

Ratio Decidendi

An award of £5,000 for solatium is appropriate, reflecting the frightening nature of the accident, the pain and suffering endured, and the limited disruption to the pursuer's life. The award should not be reduced because the pursuer minimised the impact of her injuries.

Court Disposition

Damages awarded to pursuer.

Orders

  • Award of solatium of £5,000 to pursuer.
  • Interest at 4% on 90% of solatium from date of accident to date of decree.