Robertson Or Macey-Lillie v Lanarkshire Health Board & Anor [2000] ScotCS 136 (26 May 2000)

Robertson Or Macey-Lillie v Lanarkshire Health Board & Anor [2000] ScotCS 136 (26 May 2000)

The court held that the pursuer was entitled to damages reflecting her actual loss, including solatium at £47,500, past wage loss of £76,677 plus interest, future wage loss calculated using a multiplier of 18.16 and a multiplicand of £9,226, and agreed sums for aids, appliances, and miscellaneous costs. The court rejected arguments for a lower discount rate and for significant reduction in damages due to pre-existing disability, finding her loss was at least as great as that of an able-bodied person.

Citation
[2000] ScotCS 136
Parties
Pursuer: June Robertson or Macey-Lillie; Defenders: Lanarkshire Health Board and Another
Jurisdiction
Scotland
Judgment Date
26 May 2000
Procedural Posture
Personal Injury/reparation / Judgment After Proof (trial) on Quantum
Outcome
Damages awarded to pursuer; quantum determined for solatium, past and future wage loss, aids and appliances, and miscellaneous costs; calculation of loss of pension rights and extra heating costs reserved for further submissions.
Legal Topics
Damages Assessment, Loss of Earnings, Loss of Pension Rights, Solatium, Aids and Appliances, Miscellaneous Costs, Interest on Damages
Tort Medical Negligence Personal Injury Damages Assessment Loss of Earnings Loss of Pension Rights Solatium Aids and Appliances +2 more

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Parties

June Robertson or Macey-Lillie

Pursuer

Lanarkshire Health Board and Another

Defenders

Procedural Posture

Personal Injury/reparation / Judgment After Proof (trial) on Quantum

Legal Issues

  1. 1 Assessment of damages for personal injury resulting in below-knee amputation
  2. 2 Appropriate calculation of past and future loss of earnings
  3. 3 Appropriate calculation of loss of pension rights

Ratio Decidendi

The court held that the pursuer was entitled to damages reflecting her actual loss, including solatium at £47,500, past wage loss of £76,677 plus interest, future wage loss calculated using a multiplier of 18.16 and a multiplicand of £9,226, and agreed sums for aids, appliances, and miscellaneous costs. The court rejected arguments for a lower discount rate and for significant reduction in damages due to pre-existing disability, finding her loss was at least as great as that of an able-bodied person.

Court Disposition

Damages awarded to pursuer; quantum determined for solatium, past and future wage loss, aids and appliances, and miscellaneous costs; calculation of loss of pension rights and extra heating costs reserved for further submissions.

Orders

  • Award of £47,500 for solatium (pain and suffering)
  • Award of £76,677 for past wage loss plus interest (£48,505)