Smith v. BP Oil Refinery Grangemouth Refinery Ltd [2006] ScotCS CSOH_103 (15 July 2005)

Smith v. BP Oil Refinery Grangemouth Refinery Ltd [2006] ScotCS CSOH_103 (15 July 2005)

The court found that any deafness suffered by the pursuer and caused by the defenders was minimal, and accepted a settlement of £500. Expenses were awarded on the Sheriff Court Small Claims scale, and sanction for counsel was granted due to the substantial issues raised.

Citation
[2006] ScotCS CSOH_103
Parties
Pursuer and Respondent: Donald Smith; Defenders and Reclaimers: BP Oil Refinery Grangemouth Refinery Limited
Jurisdiction
Scotland
Judgment Date
15 July 2005
Procedural Posture
Personal Injury Claim / Post Evidence, Expenses Determination
Outcome
Settlement accepted; expenses awarded on Sheriff Court Small Claims scale; sanction for counsel granted.
Legal Topics
Negligence, Industrial Deafness, Damages, Costs and Expenses
Tort Law Employment Law Negligence Industrial Deafness Damages Costs and Expenses

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Parties

Donald Smith

Pursuer and Respondent

BP Oil Refinery Grangemouth Refinery Limited

Defenders and Reclaimers

Procedural Posture

Personal Injury Claim / Post Evidence, Expenses Determination

Legal Issues

  1. 1 Whether the defenders' negligence caused the pursuer's deafness
  2. 2 Appropriate quantum of damages
  3. 3 Appropriate scale for award of expenses

Ratio Decidendi

The court found that any deafness suffered by the pursuer and caused by the defenders was minimal, and accepted a settlement of £500. Expenses were awarded on the Sheriff Court Small Claims scale, and sanction for counsel was granted due to the substantial issues raised.

Court Disposition

Settlement accepted; expenses awarded on Sheriff Court Small Claims scale; sanction for counsel granted.

Orders

  • Pursuer awarded £500 in damages
  • Expenses awarded on Sheriff Court Small Claims scale