Donnelly v. FAS Products [2004] ScotCS 73 (19 March 2004)

Donnelly v. FAS Products [2004] ScotCS 73 (19 March 2004)

The pursuer is entitled to damages for solatium, loss of earnings, and the cost of a cosmetic prosthesis, including annual replacement, based on expert evidence and the principle of restitutio in integrum. The Ogden Tables are to be used for calculation of future loss of earnings, with appropriate discount for contingencies. Necessary services and psychological support are recoverable as damages under the Administration of Justice Act 1982, but must be reasonably quantified.

Citation
[2004] ScotCS 73
Parties
Pursuer: Kerry Donnelly; Defender: FAS Products Limited
Jurisdiction
Scotland
Judgment Date
19 March 2004
Procedural Posture
Personal Injury Action / Quantum of Damages Assessment After Admission of Liability
Outcome
Damages awarded to pursuer for solatium, loss of earnings, cost of prosthesis, and necessary services.
Legal Topics
Damages, Loss of Earnings, Provision of Prosthesis, Psychological Injury, Necessary Services, Future Care Costs
Personal Injury Tort Employment Law Damages Loss of Earnings Provision of Prosthesis Psychological Injury Necessary Services +1 more

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Parties

Kerry Donnelly

Pursuer

FAS Products Limited

Defender

Procedural Posture

Personal Injury Action / Quantum of Damages Assessment After Admission of Liability

Legal Issues

  1. 1 Assessment of quantum of damages for severe hand injury
  2. 2 Entitlement to recover costs for private prosthesis
  3. 3 Calculation of future loss of earnings

Ratio Decidendi

The pursuer is entitled to damages for solatium, loss of earnings, and the cost of a cosmetic prosthesis, including annual replacement, based on expert evidence and the principle of restitutio in integrum. The Ogden Tables are to be used for calculation of future loss of earnings, with appropriate discount for contingencies. Necessary services and psychological support are recoverable as damages under the Administration of Justice Act 1982, but must be reasonably quantified.

Court Disposition

Damages awarded to pursuer for solatium, loss of earnings, cost of prosthesis, and necessary services.

Orders

  • Award of £57,500 for solatium (50% past, 50% future, interest at 4% on past, 8% from decree)
  • Award of £120,000 for future prosthesis replacement costs