MacFarlane v. Samuel [2007] ScotSC 51 (20 September 2007)

MacFarlane v. Samuel [2007] ScotSC 51 (20 September 2007)

The defender's admitted negligence caused the pursuer's injuries, including ongoing sciatic pain, and the pursuer is entitled to damages assessed at £3,500 for solatium and £50 for inconvenience, with interest and expenses as specified.

Citation
[2007] ScotSC 51
Parties
Pursuer: Robert MacFarlane; Defender: Andrew Samuel
Jurisdiction
Scotland
Judgment Date
20 September 2007
Procedural Posture
Personal Injury (road Traffic Accident) / Proof on Quantum
Outcome
Decree for pursuer
Legal Topics
Road Traffic Accident, Negligence, Quantum of Damages, Solatium, Causation
Tort Personal Injury Road Traffic Accident Negligence Quantum of Damages Solatium Causation

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Parties

Robert MacFarlane

Pursuer

Andrew Samuel

Defender

Procedural Posture

Personal Injury (road Traffic Accident) / Proof on Quantum

Legal Issues

  1. 1 Whether the defender's negligence caused the pursuer's injuries and ongoing symptoms
  2. 2 Assessment of quantum for solatium and inconvenience
  3. 3 Causation of ongoing sciatic pain

Ratio Decidendi

The defender's admitted negligence caused the pursuer's injuries, including ongoing sciatic pain, and the pursuer is entitled to damages assessed at £3,500 for solatium and £50 for inconvenience, with interest and expenses as specified.

Court Disposition

Decree for pursuer

Orders

  • Defender to pay pursuer £3,550 sterling with interest at 4% per annum from 3 April 2006 to date of decree and 8% per annum thereafter until payment
  • Defender to pay pursuer's expenses of the action