Wardlaw v Fife Health Board [2000] ScotCS 91 (4 April 2000)

Wardlaw v Fife Health Board [2000] ScotCS 91 (4 April 2000)

The court found that the pursuer's ongoing neck symptoms were attributable to the 1993 incident as a chronic pain syndrome, but the frozen shoulder was not caused by the incident and was a primary condition. Damages were awarded only for the injury and consequences directly caused by the incident, with deductions for symptoms attributable to the unrelated frozen shoulder.

Citation
[2000] ScotCS 91
Parties
Pursuer: Agnes Brown Cunningham Wardlaw; Defender: Fife Health Board
Jurisdiction
Scotland
Judgment Date
04 April 2000
Procedural Posture
Personal Injury / Quantum of Damages After Admission of Liability
Outcome
Decree for the pursuer in the sum of £11,500; defenders' first three pleas-in-law repelled; pursuer's first plea-in-law sustained.
Legal Topics
Employer's Liability, Damages Assessment, Causation of Injury, Chronic Pain Syndrome, Frozen Shoulder, Solatium, Services Under Administration of Justice Act 1982
Tort Personal Injury Employment Law Employer's Liability Damages Assessment Causation of Injury Chronic Pain Syndrome Frozen Shoulder +2 more

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 3 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Agnes Brown Cunningham Wardlaw

Pursuer

Fife Health Board

Defender

Procedural Posture

Personal Injury / Quantum of Damages After Admission of Liability

Legal Issues

  1. 1 Whether the pursuer's frozen shoulder was caused by the workplace incident of 8 February 1993
  2. 2 Whether the pursuer's ongoing neck symptoms were caused by the incident
  3. 3 Assessment of damages attributable to the incident

Ratio Decidendi

The court found that the pursuer's ongoing neck symptoms were attributable to the 1993 incident as a chronic pain syndrome, but the frozen shoulder was not caused by the incident and was a primary condition. Damages were awarded only for the injury and consequences directly caused by the incident, with deductions for symptoms attributable to the unrelated frozen shoulder.

Court Disposition

Decree for the pursuer in the sum of £11,500; defenders' first three pleas-in-law repelled; pursuer's first plea-in-law sustained.

Orders

  • Decree pronounced for £11,500 in favour of the pursuer.
  • No award for wage loss or loss of pension rights.