Dingwall v. Todd [2006] ScotSC 25 (24 March 2006)

Dingwall v. Todd [2006] ScotSC 25 (24 March 2006)

The appropriate award for solatium is £1,600, taking into account the pursuer's particular circumstances, the duration and severity of pain, the impact on lifestyle, and the fact that all pain and discomfort attributable to the accident had settled within three months. Back pain was not attributable to the accident but to a pre-existing injury.

Citation
[2006] ScotSC 25
Parties
Pursuer: Alexander Dingwall; Defender: Hilda Todd
Jurisdiction
Scotland
Judgment Date
24 March 2006
Procedural Posture
Personal Injury Claim / Judgment After Proof Restricted to Quantum
Outcome
Decree for the pursuer for £1,600 with interest; question of expenses reserved.
Legal Topics
Road Traffic Accident, Damages Assessment, Solatium, Interest on Damages
Tort Law Personal Injury Road Traffic Accident Damages Assessment Solatium Interest on Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Alexander Dingwall

Pursuer

Hilda Todd

Defender

Procedural Posture

Personal Injury Claim / Judgment After Proof Restricted to Quantum

Legal Issues

  1. 1 What is the appropriate amount of damages (solatium) for pain and suffering resulting from the accident?
  2. 2 Whether any back pain is attributable to the accident or pre-existing injury.

Ratio Decidendi

The appropriate award for solatium is £1,600, taking into account the pursuer's particular circumstances, the duration and severity of pain, the impact on lifestyle, and the fact that all pain and discomfort attributable to the accident had settled within three months. Back pain was not attributable to the accident but to a pre-existing injury.

Court Disposition

Decree for the pursuer for £1,600 with interest; question of expenses reserved.

Orders

  • Defender to pay pursuer £1,600 sterling.
  • Interest at 6% per annum from 30 September 2004 to date of decree.