MS DOMINIQUE MULLEN v. CHURCHILL INSURANCE COMPANY LIMITED [2012] ScotSC 18 (14 February 2012)

MS DOMINIQUE MULLEN v. CHURCHILL INSURANCE COMPANY LIMITED [2012] ScotSC 18 (14 February 2012)

Given the pursuer's injuries (continuous neck pain for 8 weeks, intermittent pain thereafter until 9 months, intermittent low back pain and travel anxiety for 14 weeks, broken sleep, curtailed social and recreational activities, but no time off work and minimal treatment), and comparing with a tract of consistent Scottish Sheriff Court cases, a reasonable award of solatium is £2,350, with interest as agreed.

Citation
[2012] ScotSC 18
Parties
Pursuer: Ms Dominique Mullen; Defender: Churchill Insurance Company Limited
Jurisdiction
Scotland
Judgment Date
14 February 2012
Procedural Posture
Summary Cause Personal Injury / Judgment After Proof (trial) on Quantum Only; Liability Admitted
Outcome
Decree for pursuer; damages awarded for solatium.
Legal Topics
Road Traffic Accident, Negligence, Damages Assessment, Solatium, Whiplash Injury, Pain and Suffering, Interest on Damages
Tort Law Personal Injury Road Traffic Accident Negligence Damages Assessment Solatium Whiplash Injury Pain and Suffering +1 more

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Parties

Ms Dominique Mullen

Pursuer

Churchill Insurance Company Limited

Defender

Procedural Posture

Summary Cause Personal Injury / Judgment After Proof (trial) on Quantum Only; Liability Admitted

Legal Issues

  1. 1 What is the appropriate quantum of damages (solatium) for the pursuer's injuries sustained in a road traffic accident where liability is admitted?

Ratio Decidendi

Given the pursuer's injuries (continuous neck pain for 8 weeks, intermittent pain thereafter until 9 months, intermittent low back pain and travel anxiety for 14 weeks, broken sleep, curtailed social and recreational activities, but no time off work and minimal treatment), and comparing with a tract of consistent Scottish Sheriff Court cases, a reasonable award of solatium is £2,350, with interest as agreed.

Court Disposition

Decree for pursuer; damages awarded for solatium.

Orders

  • Defender to pay pursuer £2,350 sterling with interest at 4% per annum from 27 September 2010 to 27 June 2011, and thereafter at 8% per annum until payment.
  • Dr Mark Innes Burgin certified as a skilled witness for the pursuer.