MRS. BERNADETTE SKILLEN v. NIG LIMITED [2009] ScotSC 180 (10 December 2009)

MRS. BERNADETTE SKILLEN v. NIG LIMITED [2009] ScotSC 180 (10 December 2009)

The court awarded £1,800 as solatium for the pursuer's soft tissue neck and back injuries, finding that the injuries were minor, recovery was within 10 months, and the pursuer's evidence was unreliable beyond what was agreed in the medical report. The award was consistent with the lower end of the Judicial Studies Board Guidelines and comparable cases, with a further £50 for inconvenience.

Citation
[2009] ScotSC 180
Parties
Pursuer: Mrs Bernadette Skillen; Defender: NIG Limited
Jurisdiction
Scotland
Judgment Date
10 December 2009
Procedural Posture
Personal Injury (road Traffic Accident) / Proof on Quantum
Outcome
Judgment for the pursuer on quantum; damages awarded.
Legal Topics
Personal Injury, Road Traffic Accident, Damages Assessment, Solatium, Pre Existing Condition
Tort Insurance Law Personal Injury Road Traffic Accident Damages Assessment Solatium Pre Existing Condition

Case Brief

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Parties

Mrs Bernadette Skillen

Pursuer

NIG Limited

Defender

Procedural Posture

Personal Injury (road Traffic Accident) / Proof on Quantum

Legal Issues

  1. 1 What is the appropriate quantum of damages for the pursuer's injuries sustained in a road traffic accident, considering pre-existing back problems and conflicting evidence on symptoms?

Ratio Decidendi

The court awarded £1,800 as solatium for the pursuer's soft tissue neck and back injuries, finding that the injuries were minor, recovery was within 10 months, and the pursuer's evidence was unreliable beyond what was agreed in the medical report. The award was consistent with the lower end of the Judicial Studies Board Guidelines and comparable cases, with a further £50 for inconvenience.

Court Disposition

Judgment for the pursuer on quantum; damages awarded.

Orders

  • Defender to pay pursuer £1,800 with interest at 4% per annum from 19 July 2008 to 19 May 2009, and 8% per annum thereafter until payment.
  • Defender to pay pursuer £50 inclusive of interest for inconvenience.