Lindsay v. Walker [2007] ScotSC 28 (15 June 2007)

The pursuer suffered neck, back, and knee injuries as a result of the defender's admitted negligence. The Sheriff found the pursuer credible regarding the duration of his symptoms, particularly the back injury, which persisted until July 2006. The appropriate award for solatium, including interest, is £2,650.

Citation: [2007] ScotSC 28
Parties: Pursuer: Alexander Lindsay; Defender: William Walker
Jurisdiction: Scotland
Judgment Date: 15 June 2007
Procedural Posture: Personal Injury Claim (road Traffic Accident) / Judgment After Proof (trial)
Outcome: Pursuer awarded £2,650 with interest at 8% per annum from judgment until payment; expert witnesses certified; hearing on expenses fixed.
Legal Topics: Negligence, Damages, Road Traffic Accident, Whiplash, Soft Tissue Injury

Tort Personal Injury Negligence Damages Road Traffic Accident Whiplash Soft Tissue Injury

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 12 Party arguments 2 Amounts and remedies 2

Parties

Alexander Lindsay

Pursuer

William Walker

Defender

Procedural Posture

Personal Injury Claim (road Traffic Accident) / Judgment After Proof (trial)

Legal Issues

1 Whether the defender's admitted negligence caused the pursuer's injuries
2 Extent and duration of the pursuer's injuries attributable to the accident
3 Appropriate quantum of damages for pain and suffering

Ratio Decidendi

Court Disposition

Pursuer awarded £2,650 with interest at 8% per annum from judgment until payment; expert witnesses certified; hearing on expenses fixed.

Orders

Pursuer's pleas-in-law 1 and 2 sustained to the extent of the sum awarded
Defender's third plea-in-law repelled except as to the extent of the sum awarded