Bremner v. Bartlett [2008] ScotCS CSOH_03 (09 January 2008)

Bremner v. Bartlett [2008] ScotCS CSOH_03 (09 January 2008)

The pursuer failed to prove on the balance of probabilities that the degenerative changes at C5/6 and C6/7 were caused by the accident; they were more likely due to natural degeneration. Therefore, loss of income is recoverable only up to March 2006. The loss of creels and lobsters is a recoverable head of damage as...

Source-derived case information.

Citation
[2008] ScotCS CSOH_03
Parties
Pursuer: Donald Bremner; Defender: Kevin Bartlett
Jurisdiction
Scotland
Judgment Date
09 January 2008
Procedural Posture
Personal Injury (road Traffic Accident) / Judgment After Proof (trial)
Outcome
Decree for the pursuer in the sum of £45,500.
Legal Topics
Causation of Injury, Quantum of Damages, Remoteness of Damage, Loss of Earnings, Psychological Injury, Property Loss
Tort Personal Injury Delict Causation of Injury Quantum of Damages Remoteness of Damage Loss of Earnings Psychological Injury +1 more

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Parties

Donald Bremner

Pursuer

Kevin Bartlett

Defender

Procedural Posture

Personal Injury (road Traffic Accident) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether degenerative cervical spine changes at C5/6 and C6/7 were caused by the accident or by natural degeneration
  2. 2 Extent of defender's liability for ongoing loss of income
  3. 3 Recoverability of property loss (creels) and other patrimonial losses

Ratio Decidendi

The pursuer failed to prove on the balance of probabilities that the degenerative changes at C5/6 and C6/7 were caused by the accident; they were more likely due to natural degeneration. Therefore, loss of income is recoverable only up to March 2006. The loss of creels and lobsters is a recoverable head of damage as it flows naturally and directly from the accident. The claim for boat repairs is not recoverable as the loss arose from lack of maintenance, not the accident.

Court Disposition

Decree for the pursuer in the sum of £45,500.

Orders

  • Award of solatium: £13,500 (inclusive of interest)
  • Wage loss to March 2006: £20,500 (inclusive of interest)