Good v Lanarkshire Health Board [2015] ScotCS CSOH_75 (09 June 2015)

Good v Lanarkshire Health Board [2015] ScotCS CSOH_75 (09 June 2015)

The appropriate quantum of damages must reflect the pursuer's significant loss of mobility and independence due to the defender's admitted negligence, but not equate to paraplegia as there is no bowel, bladder, or sexual dysfunction. The costs of a personal injury trust and ongoing case management are not recoverable as the pursuer retains capacity and independence; only past case management costs and reasonable care hours are allowed.

Citation
[2015] ScotCS CSOH_75
Parties
Pursuer: James Roebuck Frame Good; Defender: Lanarkshire Health Board
Jurisdiction
Scotland
Judgment Date
09 June 2015
Procedural Posture
Personal Injury Medical Negligence / Proof on Quantum (assessment of Damages) After Admission of Liability
Outcome
Damages to be assessed in accordance with the court's findings; parties to produce a schedule of damages; decree to be pronounced after resolution of any outstanding matters.
Legal Topics
Assessment of Damages, Quantum of Damages, Care Costs, Accommodation Costs, Personal Injury Trust, Case Management Costs
Personal Injury Medical Negligence Tort Law Assessment of Damages Quantum of Damages Care Costs Accommodation Costs Personal Injury Trust +1 more

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Parties

James Roebuck Frame Good

Pursuer

Lanarkshire Health Board

Defender

Procedural Posture

Personal Injury Medical Negligence / Proof on Quantum (assessment of Damages) After Admission of Liability

Legal Issues

  1. 1 What is the appropriate quantum of damages for the pursuer's injuries resulting from admitted medical negligence?
  2. 2 Are the costs of a personal injury trust and ongoing case management recoverable heads of damages?

Ratio Decidendi

The appropriate quantum of damages must reflect the pursuer's significant loss of mobility and independence due to the defender's admitted negligence, but not equate to paraplegia as there is no bowel, bladder, or sexual dysfunction. The costs of a personal injury trust and ongoing case management are not recoverable as the pursuer retains capacity and independence; only past case management costs and reasonable care hours are allowed.

Court Disposition

Damages to be assessed in accordance with the court's findings; parties to produce a schedule of damages; decree to be pronounced after resolution of any outstanding matters.

Orders

  • Award of solatium set at £135,000 with interest on half until 24 October 2013.
  • Accommodation costs for house purchase and adaptations allowed; no deduction for betterment.