MacKenzie v HD Fraser & Sons [2000] ScotCS 281 (10 November 2000)

The court awarded damages based on the severity and prognosis of the injury, the pursuer's likely inability to continue HGV driving after ten years, and reasonable estimates for services claims, applying Ogden Tables and relevant discounts.

Citation: [2000] ScotCS 281
Parties: Pursuer: Gordon MacKenzie; Defenders: H. D. Fraser & Sons
Jurisdiction: Scotland
Judgment Date: 10 November 2000
Procedural Posture: Personal Injury Action / Judgment After Proof (trial)
Outcome: Decree granted for the pursuer for £64,375 with interest at 8% per annum from date of decree until payment.
Legal Topics: Employer's Liability, Damages Assessment, Loss of Earnings, Solatium, Services Claims

Tort Personal Injury Employer's Liability Damages Assessment Loss of Earnings Solatium Services Claims

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 7

Parties

Gordon MacKenzie

Pursuer

H. D. Fraser & Sons

Defenders

Procedural Posture

Personal Injury Action / Judgment After Proof (trial)

Legal Issues

1 Assessment of damages for personal injury including solatium, past and future loss of earnings, and services claims
2 Appropriate application of Ogden Tables and multipliers for future loss
3 Evaluation of medical prognosis and impact on future employment

Ratio Decidendi

Court Disposition

Decree granted for the pursuer for £64,375 with interest at 8% per annum from date of decree until payment.

Orders

Payment of £64,375 to the pursuer, comprising solatium, interest, past wage loss, services claims, and future loss of earnings.
Interest at 8% per annum from date of decree until payment.