McGilviray v. John Neiklem Drainage Contractors Ltd [2005] ScotCS CSOH_11 (21 January 2005)

McGilviray v. John Neiklem Drainage Contractors Ltd [2005] ScotCS CSOH_11 (21 January 2005)

The pursuer failed to establish on a balance of probabilities that his back problems were caused by the accident. Damages are limited to losses resulting from the neck injury, and not for losses attributable to the unrelated back condition.

Citation
[2005] ScotCS CSOH_11
Parties
Pursuer: Lee McGilviray; Defender: John Meiklem Drainage Contractors Limited
Jurisdiction
Scotland
Judgment Date
21 January 2005
Procedural Posture
Personal Injury / Assessment of Damages After Admission of Liability
Outcome
Damages awarded to pursuer, limited to losses caused by the accident.
Legal Topics
Assessment of Damages, Causation, Loss of Earnings, Solatium
Tort Personal Injury Assessment of Damages Causation Loss of Earnings Solatium

Case Brief

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Parties

Lee McGilviray

Pursuer

John Meiklem Drainage Contractors Limited

Defender

Procedural Posture

Personal Injury / Assessment of Damages After Admission of Liability

Legal Issues

  1. 1 Whether the pursuer's back problems were caused by the accident
  2. 2 Assessment of damages for personal injury, including solatium and loss of earnings

Ratio Decidendi

The pursuer failed to establish on a balance of probabilities that his back problems were caused by the accident. Damages are limited to losses resulting from the neck injury, and not for losses attributable to the unrelated back condition.

Court Disposition

Damages awarded to pursuer, limited to losses caused by the accident.

Orders

  • Defender to pay pursuer £44,762 inclusive of interest.