Wallace v Paterson [2001] ScotCS 1 (4 January 2001)

Wallace v Paterson [2001] ScotCS 1 (4 January 2001)

The pursuer is entitled to substantial damages reflecting the severe, permanent, and life-altering consequences of her brain injury, including solatium, future loss of earnings based on her likely career trajectory but for the accident, and the cost of lifelong care and assistance, as established by the medical and vocational evidence. The assessment follows the Ogden Tables and persuasive English and Scottish authorities.

Citation
[2001] ScotCS 1
Parties
Pursuer: Ruth Heather Wallace; Defender: Kevin Michael Paterson
Jurisdiction
Scotland
Judgment Date
04 January 2001
Procedural Posture
Personal Injury Action / Proof Before Answer; Liability Admitted, Quantum of Damages Determined
Outcome
Damages awarded to pursuer; quantum determined for solatium, future loss of earnings, and care costs.
Legal Topics
Quantum of Damages, Assessment of Damages, Loss of Earnings, Solatium, Care Costs
Personal Injury Tort Law Quantum of Damages Assessment of Damages Loss of Earnings Solatium Care Costs

Case Brief

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Parties

Ruth Heather Wallace

Pursuer

Kevin Michael Paterson

Defender

Procedural Posture

Personal Injury Action / Proof Before Answer; Liability Admitted, Quantum of Damages Determined

Legal Issues

  1. 1 What is the appropriate quantum of damages for the pursuer's injuries, including solatium, loss of earnings, and care costs?
  2. 2 What is the appropriate assessment of future care and assistance needs?

Ratio Decidendi

The pursuer is entitled to substantial damages reflecting the severe, permanent, and life-altering consequences of her brain injury, including solatium, future loss of earnings based on her likely career trajectory but for the accident, and the cost of lifelong care and assistance, as established by the medical and vocational evidence. The assessment follows the Ogden Tables and persuasive English and Scottish authorities.

Court Disposition

Damages awarded to pursuer; quantum determined for solatium, future loss of earnings, and care costs.

Orders

  • Award of solatium in the sum of £95,000, one third attributable to the past.
  • Award for future loss of earnings based on a multiplier/multiplicand approach, with reference to Ogden Tables and evidence of likely career earnings.