Nicoll v Guild Homes (Tayside) Ltd [2008] ScotCS CSOH_156 (13 November 2008)

Nicoll v Guild Homes (Tayside) Ltd [2008] ScotCS CSOH_156 (13 November 2008)

On the balance of probabilities, the pursuer would have obtained a Senior Lecturer post at Bath Spa University College and continued part-time design work but for the accident. The case is not one of loss of a chance but of actual loss of earnings. Damages are to be assessed using the multiplier/multiplicand method, with modifications for uncertainties in future design work earnings.

Citation
[2008] ScotCS CSOH_156
Parties
Pursuer: Lee Macfarlan Nicoll; Defender: Guild Homes (Tayside) Limited
Jurisdiction
Scotland
Judgment Date
13 November 2008
Procedural Posture
Personal Injury Damages for Road Traffic Accident / Proof Restricted to Quantum (assessment of Damages)
Outcome
Judgment for the pursuer. Damages awarded for solatium, past and future wage loss, with interest. Case brought out By Order to discuss precise terms of interlocutor. Questions of expenses reserved.
Legal Topics
Damages, Loss of Earnings, Solatium, Future Loss, Interest on Damages
Personal Injury Tort Law Damages Loss of Earnings Solatium Future Loss Interest on Damages

Case Brief

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Parties

Lee Macfarlan Nicoll

Pursuer

Guild Homes (Tayside) Limited

Defender

Procedural Posture

Personal Injury Damages for Road Traffic Accident / Proof Restricted to Quantum (assessment of Damages)

Legal Issues

  1. 1 Appropriate quantum of damages for personal injuries including solatium, past and future loss of earnings, and interest; Whether the case is one of loss of earnings or loss of a chance; Assessment of future employment prospects and earnings but for the accident.

Ratio Decidendi

On the balance of probabilities, the pursuer would have obtained a Senior Lecturer post at Bath Spa University College and continued part-time design work but for the accident. The case is not one of loss of a chance but of actual loss of earnings. Damages are to be assessed using the multiplier/multiplicand method, with modifications for uncertainties in future design work earnings.

Court Disposition

Judgment for the pursuer. Damages awarded for solatium, past and future wage loss, with interest. Case brought out By Order to discuss precise terms of interlocutor. Questions of expenses reserved.

Orders

  • Award of £58,000 for solatium with interest on half from 3 June 2001 to decree at 4% per year and thereafter on the whole sum until payment.
  • Award of £177,373 for past wage loss less £2,500 actual earnings, with interest from 3 June 2001 to decree at 4% per year and thereafter on the whole sum until payment.