Phillips v Kvaerner Govan Ltd [2001] ScotCS 284 (11 December 2001)

Phillips v Kvaerner Govan Ltd [2001] ScotCS 284 (11 December 2001)

The sheriff's findings on credibility and medical causation are supported by the evidence. The pursuer's ongoing pain and depressive illness are consequences of the accident. The quantum of damages awarded is justified. There are no grounds for appellate interference.

Citation
[2001] ScotCS 284
Parties
Pursuer and Respondent: Peter Phillips; Defenders and Appellants: Kvaerner Govan Limited
Jurisdiction
Scotland
Judgment Date
11 December 2001
Procedural Posture
Appeal / Second Division, Inner House, Court of Session
Outcome
Appeal refused
Legal Topics
Quantum of Damages, Credibility of Witnesses, Medical Evidence, Depressive Illness, Back Injury
Personal Injury Employment Law Quantum of Damages Credibility of Witnesses Medical Evidence Depressive Illness Back Injury

Case Brief

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Parties

Peter Phillips

Pursuer and Respondent

Kvaerner Govan Limited

Defenders and Appellants

Procedural Posture

Appeal / Second Division, Inner House, Court of Session

Legal Issues

  1. 1 Whether the pursuer's ongoing pain and depression were caused by the accident
  2. 2 Whether the pursuer's complaints of pain and disability were genuine or fabricated
  3. 3 Whether subsequent leg pain was causally related to the accident or to unrelated spinal stenosis

Ratio Decidendi

The sheriff's findings on credibility and medical causation are supported by the evidence. The pursuer's ongoing pain and depressive illness are consequences of the accident. The quantum of damages awarded is justified. There are no grounds for appellate interference.

Court Disposition

Appeal refused

Orders

  • Sheriff's award of £139,061 in damages upheld