Fletcher v Lunan [2008] ScotCS CSOH_55 (20 March 2008)

Fletcher v Lunan [2008] ScotCS CSOH_55 (20 March 2008)

The court determined that interim damages should reflect a conservative estimate of likely recoverable damages, factoring in a seven-year life expectancy, reasonable home care regime, and deduction for contributory negligence, resulting in an award of £230,000 as interim damages.

Citation
[2008] ScotCS CSOH_55
Parties
Pursuer: Frank William Fletcher as Guardian of Lisa Smart; Defender: Christopher Lunan
Jurisdiction
Scotland
Judgment Date
20 March 2008
Procedural Posture
Personal Injury Claim / Interim Damages Application After Admission of Liability, Quantum Proof Pending
Outcome
Motion for interim damages granted.
Legal Topics
Interim Damages, Contributory Negligence, Assessment of Damages, Care Costs, Loss of Earnings, Solatium
Personal Injury Tort Law Interim Damages Contributory Negligence Assessment of Damages Care Costs Loss of Earnings Solatium

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Parties

Frank William Fletcher as Guardian of Lisa Smart

Pursuer

Christopher Lunan

Defender

Procedural Posture

Personal Injury Claim / Interim Damages Application After Admission of Liability, Quantum Proof Pending

Legal Issues

  1. 1 Appropriate amount for interim damages
  2. 2 Assessment of life expectancy
  3. 3 Reasonableness of home care regime

Ratio Decidendi

The court determined that interim damages should reflect a conservative estimate of likely recoverable damages, factoring in a seven-year life expectancy, reasonable home care regime, and deduction for contributory negligence, resulting in an award of £230,000 as interim damages.

Court Disposition

Motion for interim damages granted.

Orders

  • Defender to pay interim damages of £230,000 to pursuer.