Murray & Ors v. Greenock Dockyard Co [2004] ScotCS 107 (30 April 2004)

Murray & Ors v. Greenock Dockyard Co [2004] ScotCS 107 (30 April 2004)

The sums awarded to the first and second pursuers for loss of society were unreasonably low in light of recent judicial and jury awards, and should be increased to £28,000 for the widow and £10,000 for the adult daughter.

Citation
[2004] ScotCS 107
Parties
Pursuer and Reclaimer: Mrs. Josephine Murray; Pursuer and Reclaimer: Kirsten Allardice; Pursuer and Reclaimer: Andrew Allardice; Pursuer and Reclaimer: Mrs. Josephine Murray, as executor nominate of the late Mary Murray; Defender and Respondent: The Greenock Dockyard Company Limited
Jurisdiction
Scotland
Judgment Date
30 April 2004
Procedural Posture
Reclaiming Motion (appeal) / Inner House, Court of Session, Opinion of the Court
Outcome
Appeal allowed in part; awards increased.
Legal Topics
Loss of Society, Assessment of Damages, Bereavement Awards, Judicial Vs Jury Awards
Tort Personal Injury Damages Loss of Society Assessment of Damages Bereavement Awards Judicial Vs Jury Awards

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 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mrs. Josephine Murray

Pursuer and Reclaimer

Kirsten Allardice

Pursuer and Reclaimer

Andrew Allardice

Pursuer and Reclaimer

Mrs. Josephine Murray, as executor nominate of the late Mary Murray

Pursuer and Reclaimer

The Greenock Dockyard Company Limited

Defender and Respondent

Procedural Posture

Reclaiming Motion (appeal) / Inner House, Court of Session, Opinion of the Court

Legal Issues

  1. 1 Whether the awards for loss of society under section 1(4) of the Damages (Scotland) Act 1976 were unreasonably low
  2. 2 Appropriate quantum for loss of society to widow and adult child

Ratio Decidendi

The sums awarded to the first and second pursuers for loss of society were unreasonably low in light of recent judicial and jury awards, and should be increased to £28,000 for the widow and £10,000 for the adult daughter.

Court Disposition

Appeal allowed in part; awards increased.

Orders

  • Award to first pursuer (widow) increased to £28,000.
  • Award to second pursuer (adult daughter) increased to £10,000.