Montgomery v. Direct Line Insurance Plc [2011] ScotSC 7 (31 January 2011)

Montgomery v. Direct Line Insurance Plc [2011] ScotSC 7 (31 January 2011)

Having regard to the whole circumstances, including the nature and duration of the injuries, the need for physiotherapy, the impact on work and hobbies, and comparison with previous awards, the court assessed solatium at £2,675 as reasonable compensation. Services and inconvenience were agreed at £125 inclusive of interest.

Citation
[2011] ScotSC 7
Parties
Pursuer: Mr Craig Montgomery; Defender: Direct Line Insurance PLC
Jurisdiction
Scotland
Judgment Date
31 January 2011
Procedural Posture
Personal Injury (road Traffic Accident) / Judgment After Proof
Outcome
Judgment for the pursuer.
Legal Topics
Road Traffic Accident, Negligence, Damages, Solatium, Services Under Administration of Justice (scotland) Act 1982
Tort Personal Injury Insurance Law Road Traffic Accident Negligence Damages Solatium Services Under Administration of Justice (scotland) Act 1982

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Parties

Mr Craig Montgomery

Pursuer

Direct Line Insurance PLC

Defender

Procedural Posture

Personal Injury (road Traffic Accident) / Judgment After Proof

Legal Issues

  1. 1 What is the appropriate amount of solatium for the pursuer's injuries?
  2. 2 Is the pursuer entitled to damages for services and inconvenience?

Ratio Decidendi

Having regard to the whole circumstances, including the nature and duration of the injuries, the need for physiotherapy, the impact on work and hobbies, and comparison with previous awards, the court assessed solatium at £2,675 as reasonable compensation. Services and inconvenience were agreed at £125 inclusive of interest.

Court Disposition

Judgment for the pursuer.

Orders

  • Defenders liable to the pursuer in the sum of £2,675 Sterling for solatium.
  • Defenders liable to the pursuer in the sum of £125 Sterling for services and inconvenience.