Cruickshank & Ors v. Fairfield Rowan Ltd & Ors [2005] ScotCS CSOH_1 (11 January 2005)

Cruickshank & Ors v. Fairfield Rowan Ltd & Ors [2005] ScotCS CSOH_1 (11 January 2005)

The just award for the bereavement claim by the 82-year-old mother of a 54-year-old deceased son, considering the close relationship, the distress endured during the deceased's illness, and the need for consistency with recent authoritative awards, is £10,000.

Citation
[2005] ScotCS CSOH_1
Parties
Pursuers: Brenda Cruickshank & Others; Defenders: Fairfield Rowan Limited & Others
Jurisdiction
Scotland
Judgment Date
11 January 2005
Procedural Posture
Damages Claim (bereavement Award) / Judgment on Quantification of Damages for Fifth Pursuer
Outcome
Damages awarded to the fifth pursuer in the sum of £10,000, with interest as specified.
Legal Topics
Bereavement Award, Damages (scotland) Act 1976 Section 1(4), Loss of Society, Assessment of Damages, Mesothelioma, Asbestos Exposure
Tort Personal Injury Damages Bereavement Award Damages (scotland) Act 1976 Section 1(4) Loss of Society Assessment of Damages Mesothelioma +1 more

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Parties

Brenda Cruickshank & Others

Pursuers

Fairfield Rowan Limited & Others

Defenders

Procedural Posture

Damages Claim (bereavement Award) / Judgment on Quantification of Damages for Fifth Pursuer

Legal Issues

  1. 1 What is the just amount of damages to be awarded to the mother of a deceased adult son under section 1(4) of the Damages (Scotland) Act 1976?
  2. 2 How should the court assess the quantum of a bereavement award in light of the age of the deceased and the pursuer, and relevant case law?

Ratio Decidendi

The just award for the bereavement claim by the 82-year-old mother of a 54-year-old deceased son, considering the close relationship, the distress endured during the deceased's illness, and the need for consistency with recent authoritative awards, is £10,000.

Court Disposition

Damages awarded to the fifth pursuer in the sum of £10,000, with interest as specified.

Orders

  • Award of £10,000 in damages to the fifth pursuer under section 1(4) of the Damages (Scotland) Act 1976.
  • Interest to run from 2 September 2001 at 4% per annum on three quarters of the damages until date of decree, then at 8% per annum on the whole sum.