McGhee v Diageo Plc [2008] ScotCS CSOH_74 (16 May 2008)

McGhee v Diageo Plc [2008] ScotCS CSOH_74 (16 May 2008)

The defenders failed to prove contributory negligence as the only evidence was uncorroborated and denied by the pursuer. Quantum was assessed based on the pursuer's ongoing disability, retraining prospects, and a lump sum approach for future loss of earnings, as the Ogden Tables were not suitable for the specific circumstances. The claim for loss of a professional football career was rejected as too speculative.

Citation
[2008] ScotCS CSOH_74
Parties
Pursuer: Billy McGhee; Defenders: Diageo Plc
Jurisdiction
Scotland
Judgment Date
16 May 2008
Procedural Posture
Personal Injury Action / Proof Limited to Contributory Negligence and Quantum
Outcome
Damages awarded to pursuer; no contributory negligence found.
Legal Topics
Contributory Negligence, Quantum of Damages, Future Loss of Earnings, Application of Ogden Tables, Solatium, Past Wage Loss, Services Claim
Personal Injury Employment Law Contributory Negligence Quantum of Damages Future Loss of Earnings Application of Ogden Tables Solatium Past Wage Loss +1 more

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Parties

Billy McGhee

Pursuer

Diageo Plc

Defenders

Procedural Posture

Personal Injury Action / Proof Limited to Contributory Negligence and Quantum

Legal Issues

  1. 1 Whether the pursuer was contributorily negligent
  2. 2 Assessment of quantum for injuries sustained at work
  3. 3 Appropriate calculation of future loss of earnings

Ratio Decidendi

The defenders failed to prove contributory negligence as the only evidence was uncorroborated and denied by the pursuer. Quantum was assessed based on the pursuer's ongoing disability, retraining prospects, and a lump sum approach for future loss of earnings, as the Ogden Tables were not suitable for the specific circumstances. The claim for loss of a professional football career was rejected as too speculative.

Court Disposition

Damages awarded to pursuer; no contributory negligence found.

Orders

  • Award of solatium at £30,000 with interest as specified
  • Award of past wage loss at £50,000 inclusive of interest