ANDY HEER AGAINST ASDA STORES Ltd [2016] ScotSC 43 (22 June 2016)

ANDY HEER AGAINST ASDA STORES Ltd [2016] ScotSC 43 (22 June 2016)

The sheriff determined that reasonable compensation for the pursuer's soft tissue ankle injury, with symptoms resolving within three months, was £2,500 for solatium, £500 for services provided by his partner, and £18 for out-of-pocket expenses, with interest applied as specified. The assessment was based on the severity and duration of symptoms, the impact on daily life, and relevant case law, rejecting a purely arithmetical or mechanistic approach.

Citation
[2016] ScotSC 43
Parties
Pursuer: Andy Heer; Defender: ASDA Stores Limited
Jurisdiction
Scotland
Judgment Date
22 June 2016
Procedural Posture
Personal Injury Damages / Quantum of Damages After Admission of Liability
Outcome
Decree granted for pursuer; damages awarded as specified.
Legal Topics
Damages Assessment, Soft Tissue Injury, Solatium, Services Claim, Out of Pocket Expenses
Tort Personal Injury Damages Assessment Soft Tissue Injury Solatium Services Claim Out of Pocket Expenses

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Parties

Andy Heer

Pursuer

ASDA Stores Limited

Defender

Procedural Posture

Personal Injury Damages / Quantum of Damages After Admission of Liability

Legal Issues

  1. 1 What is the appropriate quantum of damages for a soft tissue ankle injury with recovery within three months?
  2. 2 What is reasonable compensation for services provided by a partner due to incapacity?
  3. 3 What interest rates apply to solatium, services, and out-of-pocket expenses?

Ratio Decidendi

The sheriff determined that reasonable compensation for the pursuer's soft tissue ankle injury, with symptoms resolving within three months, was £2,500 for solatium, £500 for services provided by his partner, and £18 for out-of-pocket expenses, with interest applied as specified. The assessment was based on the severity and duration of symptoms, the impact on daily life, and relevant case law, rejecting a purely arithmetical or mechanistic approach.

Court Disposition

Decree granted for pursuer; damages awarded as specified.

Orders

  • Payment of £3,000 with interest at 4% per annum from 12 February 2015 to date of decree and 8% per annum thereafter until payment.
  • Payment of £18 with interest at 8% per annum from 12 February 2015 until payment.