Clelland v Department for Business Enterprise & Regulatory Reform & Anor [2011] ScotCS CSOH_46 (04 March 2011)

Clelland v Department for Business Enterprise & Regulatory Reform & Anor [2011] ScotCS CSOH_46 (04 March 2011)

The pursuer lost a genuine opportunity to work and expand a business due to his HAVS; while precise earnings were uncertain, the court could award damages for loss of a chance, assessed broadly at one third of the estimated potential earnings for the period in question.

Citation
[2011] ScotCS CSOH_46
Parties
Pursuer: Robert Clelland; First Defender: Department for Business, Enterprise and Regulatory Reform; Second Defender: The Scottish Coal (Deep Mine) Company Limited (in liquidation)
Jurisdiction
Scotland
Judgment Date
04 March 2011
Procedural Posture
Personal Injury Claim / Judgment After Proof
Outcome
Pursuer awarded damages for loss of a chance of employment.
Legal Topics
Personal Injury, Loss of Earnings, Damages Assessment, Hand Arm Vibration Syndrome (havs)
Tort Employment Law Personal Injury Loss of Earnings Damages Assessment Hand Arm Vibration Syndrome (havs)

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Parties

Robert Clelland

Pursuer

Department for Business, Enterprise and Regulatory Reform

First Defender

The Scottish Coal (Deep Mine) Company Limited (in liquidation)

Second Defender

Procedural Posture

Personal Injury Claim / Judgment After Proof

Legal Issues

  1. 1 Whether the pursuer is entitled to damages for loss of earnings due to inability to accept employment as a result of HAVS between 12 August 2003 and 1 May 2007.
  2. 2 How to quantify damages for loss of a chance of employment where earnings are uncertain.

Ratio Decidendi

The pursuer lost a genuine opportunity to work and expand a business due to his HAVS; while precise earnings were uncertain, the court could award damages for loss of a chance, assessed broadly at one third of the estimated potential earnings for the period in question.

Court Disposition

Pursuer awarded damages for loss of a chance of employment.

Orders

  • Pursuer awarded £7,500 for loss of earnings for the period 12 August 2003 to 1 May 2007, with interest at 4% per annum for the period of loss and 8% per annum thereafter.
  • All questions of expenses reserved.