Farheen Ackrim against UK Insurance LTD (All-Scotland Sheriff Personal Injury Court) [2024] SCEDIN 53 (05 December 2024)
The court found the pursuer suffered a soft tissue neck injury as a result of the defender's insured's admitted negligence, but rejected claims of back pain and found the duration and severity of symptoms less than claimed. Damages were assessed based on reliable medical and contemporaneous evidence, awarding solatium, interest, and services in a total sum of £3144.
- Citation
- [2024] SCEDIN 53
- Parties
- Pursuer: Farheen Ackrim; Defender: UK Insurance Limited
- Jurisdiction
- Scotland
- Judgment Date
- 05 December 2024
- Procedural Posture
- Personal Injury / Judgment After Proof (trial) on Quantum
- Outcome
- Decree granted in favour of the pursuer for £3144.
- Legal Topics
- Road Traffic Accident, Soft Tissue Injury, Damages Assessment, Liability Admission
Case Brief
Summary, issues, holding and outcome
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Parties
Farheen Ackrim
Pursuer
UK Insurance Limited
Defender
Procedural Posture
Personal Injury / Judgment After Proof (trial) on Quantum
Legal Issues
- 1 Extent and quantification of pursuer's losses following admitted liability in a road traffic accident
Ratio Decidendi
The court found the pursuer suffered a soft tissue neck injury as a result of the defender's insured's admitted negligence, but rejected claims of back pain and found the duration and severity of symptoms less than claimed. Damages were assessed based on reliable medical and contemporaneous evidence, awarding solatium, interest, and services in a total sum of £3144.
Court Disposition
Decree granted in favour of the pursuer for £3144.
Orders
- Defender to pay the pursuer £3144 in damages.
- Hearing on expenses to be fixed unless parties agree.
Full Case Text
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