Symington v. Milne [2007] ScotSC 18 (04 May 2007)

The original award of £1,250.00 for solatium was out of proportion to comparable cases for similar injuries; an appropriate award is £2,250.00, justifying appellate interference.

Citation: [2007] ScotSC 18
Parties: Pursuer and Appellant: Lynn Symington; Defender and Respondent: Emma Milne
Jurisdiction: Scotland
Judgment Date: 04 May 2007
Procedural Posture: Appeal in Personal Injury Action / Appeal Judgment
Outcome: Appeal sustained in part; interlocutor varied to increase solatium award.
Legal Topics: Damages Assessment, Solatium, Whiplash Injury, Quantum of Damages, Appellate Review

Personal Injury Tort Law Damages Assessment Solatium Whiplash Injury Quantum of Damages Appellate Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 10 Party arguments 2 Amounts and remedies 5

Parties

Lynn Symington

Pursuer and Appellant

Emma Milne

Defender and Respondent

Procedural Posture

Appeal in Personal Injury Action / Appeal Judgment

Legal Issues

1 Whether the Sheriff erred in finding the pursuer had fully recovered by end of 2004
2 Whether the award of £1,250.00 for solatium was unreasonably low

Ratio Decidendi

The original award of £1,250.00 for solatium was out of proportion to comparable cases for similar injuries; an appropriate award is £2,250.00, justifying appellate interference.

Court Disposition

Appeal sustained in part; interlocutor varied to increase solatium award.

Orders

Interlocutor of 13 October 2006 varied by substituting £2,500.00 for £1,500.00.
All questions of expenses reserved.