Middleton v CPS 2000 Ltd [2006] ScotCS CSOH_33 (24 February 2006)

Middleton v CPS 2000 Ltd [2006] ScotCS CSOH_33 (24 February 2006)

Given the admitted liability and the evidence of significant physical and psychiatric injury, the court held that a global award for solatium was appropriate, supplemented by damages for past loss of earnings and future loss of employability, calculated using Ogden Tables and adjusted for uncertainties. The court rejected simple aggregation of injury components and instead assessed a single global figure for solatium, with additional sums for services, prescription charges, and loss of employability, less interim payments and interest adjustments.

Citation
[2006] ScotCS CSOH_33
Parties
Pursuer: Craig Middleton; Defender: C. P. S. 2000 Ltd
Jurisdiction
Scotland
Judgment Date
24 February 2006
Procedural Posture
Personal Injury Claim / Judgment After Proof (trial)
Outcome
Decree for the pursuer for £149,155.51 with interest at 8% thereafter.
Legal Topics
Employer's Liability, Workplace Safety, Damages Assessment, Loss of Employability, Solatium, Interest on Damages
Personal Injury Employment Law Health and Safety Employer's Liability Workplace Safety Damages Assessment Loss of Employability Solatium +1 more

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Parties

Craig Middleton

Pursuer

C. P. S. 2000 Ltd

Defender

Procedural Posture

Personal Injury Claim / Judgment After Proof (trial)

Legal Issues

  1. 1 Extent of damages for personal injuries sustained at work
  2. 2 Assessment of solatium and future loss of employability
  3. 3 Appropriate calculation method for future losses given uncertainties

Ratio Decidendi

Given the admitted liability and the evidence of significant physical and psychiatric injury, the court held that a global award for solatium was appropriate, supplemented by damages for past loss of earnings and future loss of employability, calculated using Ogden Tables and adjusted for uncertainties. The court rejected simple aggregation of injury components and instead assessed a single global figure for solatium, with additional sums for services, prescription charges, and loss of employability, less interim payments and interest adjustments.

Court Disposition

Decree for the pursuer for £149,155.51 with interest at 8% thereafter.

Orders

  • Award of solatium: £60,000
  • Award for services and prescription charges: £7,500