Leggat v Ralph & Anor [2010] ScotCS CSOH_4 (13 January 2010)

Leggat v Ralph & Anor [2010] ScotCS CSOH_4 (13 January 2010)

The court preferred the evidence of the pursuer's expert, finding that the pursuer's injuries and resulting disabilities would prevent him from continuing in his skilled employment beyond five years, justifying an award for future wage loss based on the multiplier/multiplicand approach, together with solatium and other agreed heads of damage.

Citation
[2010] ScotCS CSOH_4
Parties
Pursuer: Colin Leggat; First Defender: Anthony Ralph; Second Defender: Allianz Insurance PLC
Jurisdiction
Scotland
Judgment Date
13 January 2010
Procedural Posture
Personal Injury Action / Proof Restricted to Quantum; Liability Admitted
Outcome
Judgment for the pursuer; damages awarded
Legal Topics
Road Traffic Accident, Quantum of Damages, Loss of Earnings, Future Wage Loss, Solatium, Medical Evidence
Personal Injury Tort Law Road Traffic Accident Quantum of Damages Loss of Earnings Future Wage Loss Solatium Medical Evidence

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Parties

Colin Leggat

Pursuer

Anthony Ralph

First Defender

Allianz Insurance PLC

Second Defender

Procedural Posture

Personal Injury Action / Proof Restricted to Quantum; Liability Admitted

Legal Issues

  1. 1 Assessment of quantum for personal injuries after road traffic accident
  2. 2 Appropriate award for solatium and future wage loss
  3. 3 Evaluation of medical evidence regarding future employability

Ratio Decidendi

The court preferred the evidence of the pursuer's expert, finding that the pursuer's injuries and resulting disabilities would prevent him from continuing in his skilled employment beyond five years, justifying an award for future wage loss based on the multiplier/multiplicand approach, together with solatium and other agreed heads of damage.

Court Disposition

Judgment for the pursuer; damages awarded

Orders

  • Award of £215,539 inclusive of interest to date for solatium, past loss of earnings, recoupable sick pay, services, miscellaneous expenses, and future wage loss.
  • Interlocutor to be pronounced accordingly; questions of expenses reserved.