Henry v Rentokil Initial Plc, Captive [2008] ScotCS CSIH_24 (13 March 2008)

The sums awarded by the Sheriff for solatium, past and future loss of earnings, services, and additional expenditure were within reasonable bounds and supported by unchallenged evidence; the agreed pension loss should be added as damages.

Citation: [2008] ScotCS CSIH_24
Parties: Pursuer and Respondent: Linda Henry; Defenders and Appellants: Rentokil Initial Plc, Captive
Jurisdiction: Scotland
Judgment Date: 13 March 2008
Procedural Posture: Appeal / Appeal From Sheriff Court at Dumbarton
Outcome: Appeal dismissed; cross-appeal allowed.
Legal Topics: Quantum of Damages, Vicarious Liability, Loss of Earnings, Loss of Pension, Services Under Administration of Justice Act 1982

Personal Injury Tort Employment Law Quantum of Damages Vicarious Liability Loss of Earnings Loss of Pension Services Under Administration of Justice Act 1982

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 10

Parties

Linda Henry

Pursuer and Respondent

Rentokil Initial Plc, Captive

Defenders and Appellants

Procedural Posture

Appeal / Appeal From Sheriff Court at Dumbarton

Legal Issues

1 Assessment of quantum for personal injury
2 Calculation of past and future loss of earnings
3 Entitlement to damages for loss of pension

Ratio Decidendi

Court Disposition

Appeal dismissed; cross-appeal allowed.

Orders

Amendment of Finding in Fact 20 to apportion services awards under Sections 8 and 9 of the Administration of Justice Act 1982.
Addition of Finding in Fact 21 awarding £24,191 for loss of pension.