Santhong Phensrisai v Yutikan [2017] ScotCS CSOH_48 (23 March 2017)

Damages awarded for proven physical injuries, necessary services, past wage loss, lost items, and miscellaneous costs; claims for continuing chest pain, adjustment disorder, future wage loss, and loss of earning capacity not established on evidence.

Citation: [2017] ScotCS CSOH_48
Parties: Pursuer: Santhong Phensrisai; Defender: Anong Yutikan
Jurisdiction: Scotland
Judgment Date: 23 March 2017
Procedural Posture: Personal Injury Action / Proof on Quantum (damages) Only; Liability Admitted
Outcome: Damages awarded to pursuer; quantum fixed at £43,410 exclusive of interest; parties to agree interest calculation; case appointed By Order for interest and expenses.
Legal Topics: Assessment of Damages, Solatium, Past Services, Past Wage Loss, Future Wage Loss, Loss of Earning Capacity, Loss of Property, Miscellaneous Costs

Tort Personal Injury Assessment of Damages Solatium Past Services Past Wage Loss Future Wage Loss Loss of Earning Capacity +2 more

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 7

Parties

Santhong Phensrisai

Pursuer

Anong Yutikan

Defender

Procedural Posture

Personal Injury Action / Proof on Quantum (damages) Only; Liability Admitted

Legal Issues

1 Quantum of damages for personal injuries sustained in a road traffic accident
2 Entitlement to damages for past services, wage loss, loss of earning capacity, lost items, and miscellaneous costs

Ratio Decidendi

Court Disposition

Damages awarded to pursuer; quantum fixed at £43,410 exclusive of interest; parties to agree interest calculation; case appointed By Order for interest and expenses.

Orders

Award of £30,000 for solatium
Award of £5,000 for past services