Strang v. Zulquernain [2005] ScotSC 16 (01 April 2005)

Strang v. Zulquernain [2005] ScotSC 16 (01 April 2005)

The pursuer is entitled to damages for the loss, injury, and damage caused by the defender's negligence, including the cost of private cosmetic surgery, with a 5% deduction to reflect pre-existing brain impairment due to alcohol abuse. The appropriate award for solatium, after applying the Heil v Rankin enhancement and deduction, is £55,100, plus interest and surgery costs, totalling £65,978.35.

Citation
[2005] ScotSC 16
Parties
Pursuer: Grace Elizabeth Strang; Defender: Syed Babar Zulquernain
Jurisdiction
Scotland
Judgment Date
01 April 2005
Procedural Posture
Personal Injury Road Traffic Accident / Judgment After Proof on Quantum
Outcome
Decree for payment in favour of pursuer
Legal Topics
Negligence, Damages, Quantum of Damages, Contributory Negligence, Assessment of Solatium
Tort Personal Injury Negligence Damages Quantum of Damages Contributory Negligence Assessment of Solatium

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Parties

Grace Elizabeth Strang

Pursuer

Syed Babar Zulquernain

Defender

Procedural Posture

Personal Injury Road Traffic Accident / Judgment After Proof on Quantum

Legal Issues

  1. 1 Extent of damages recoverable for brain injury caused by road traffic accident
  2. 2 Appropriate deduction for pre-existing impairment due to alcohol abuse
  3. 3 Entitlement to cost of cosmetic surgery as part of damages

Ratio Decidendi

The pursuer is entitled to damages for the loss, injury, and damage caused by the defender's negligence, including the cost of private cosmetic surgery, with a 5% deduction to reflect pre-existing brain impairment due to alcohol abuse. The appropriate award for solatium, after applying the Heil v Rankin enhancement and deduction, is £55,100, plus interest and surgery costs, totalling £65,978.35.

Court Disposition

Decree for payment in favour of pursuer

Orders

  • Defender to pay pursuer £65,978.35 with interest from 1 April 2005 until payment
  • Certification of expert witnesses: Mr David Gordon Currie, Mr Ewan Kemp, Dr William Durward, Mrs Ann Hossack, Dr Ruth Gillham