Reynard v. Exquisite Quisine Ltd (t/a Latours Cuisine) [2005] ScotCS CSOH_146 (09 November 2005)

Reynard v. Exquisite Quisine Ltd (t/a Latours Cuisine) [2005] ScotCS CSOH_146 (09 November 2005)

The court found on the balance of probabilities that the pursuer continues to suffer from reactive arthritis caused by the defenders' admitted negligence, which is the predominant cause of her long-term incapacity and loss of career. The court accepted that the reactive arthritis materially contributed to the bilateral ruptures of her Achilles tendons and that her depression and other sequelae were causally linked to the initial injury. The court rejected the defenders' arguments that pre-existing conditions or unrelated factors were the principal cause of her ongoing disability.

Citation
[2005] ScotCS CSOH_146
Parties
Pursuer: Margaret-Ann Reynard; Defender: Exquisite Quisine Limited trading as Latours Cuisine
Jurisdiction
Scotland
Judgment Date
09 November 2005
Procedural Posture
Personal Injury/delict (scotland) / Judgment After Proof (trial) on Causation and Quantum
Outcome
Judgment for the pursuer
Legal Topics
Causation, Quantification of Damages, Eggshell Skull Rule, Future Losses, Psychiatric Injury, Contributory Factors
Personal Injury Delict Medical Negligence Causation Quantification of Damages Eggshell Skull Rule Future Losses Psychiatric Injury +1 more

Case Brief

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Parties

Margaret-Ann Reynard

Pursuer

Exquisite Quisine Limited trading as Latours Cuisine

Defender

Procedural Posture

Personal Injury/delict (scotland) / Judgment After Proof (trial) on Causation and Quantum

Legal Issues

  1. 1 Whether the pursuer continues to suffer from reactive arthritis caused by the defenders' admitted negligence
  2. 2 Whether the reactive arthritis materially contributed to the rupture of the pursuer's Achilles tendons
  3. 3 Whether the pursuer's depression and other conditions are causally linked to the defenders' negligence

Ratio Decidendi

The court found on the balance of probabilities that the pursuer continues to suffer from reactive arthritis caused by the defenders' admitted negligence, which is the predominant cause of her long-term incapacity and loss of career. The court accepted that the reactive arthritis materially contributed to the bilateral ruptures of her Achilles tendons and that her depression and other sequelae were causally linked to the initial injury. The court rejected the defenders' arguments that pre-existing conditions or unrelated factors were the principal cause of her ongoing disability.

Court Disposition

Judgment for the pursuer

Orders

  • Award of solatium in the sum of £85,000, with half attributed to the past and interest at 4% on the past portion to 31 August 2005 (£8,294)
  • Damages to be awarded under additional heads including wage loss, to be quantified as per the court's findings