McWilliams v. Caledonian Wild Foods [2004] ScotCS 85 (02 April 2004)

McWilliams v. Caledonian Wild Foods [2004] ScotCS 85 (02 April 2004)

No patrimonial loss is recoverable where the business has not suffered actual loss of profits or increased costs due to the injury; voluntary profit-sharing with a spouse is not a compensable loss. Damages are limited to solatium, agreed medical expenses, future care costs, and the cost of employing an extra chef due to ongoing incapacity.

Citation
[2004] ScotCS 85
Parties
Pursuer: James McWilliams; Defender: Caledonian Wild Foods Limited
Jurisdiction
Scotland
Judgment Date
02 April 2004
Procedural Posture
Personal Injury Claim / Judgment After Proof (trial)
Outcome
Decree for the pursuer for £34,735 inclusive of interest to date.
Legal Topics
Whiplash Injury, Patrimonial Loss, Solatium, Medical Expenses, Loss of Earnings, Causation, Damages Assessment
Tort Personal Injury Whiplash Injury Patrimonial Loss Solatium Medical Expenses Loss of Earnings Causation +1 more

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Parties

James McWilliams

Pursuer

Caledonian Wild Foods Limited

Defender

Procedural Posture

Personal Injury Claim / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the pursuer suffered patrimonial (financial) loss as a result of the accident
  2. 2 Appropriate assessment of solatium for whiplash injury
  3. 3 Extent of recoverable medical expenses and future care costs

Ratio Decidendi

No patrimonial loss is recoverable where the business has not suffered actual loss of profits or increased costs due to the injury; voluntary profit-sharing with a spouse is not a compensable loss. Damages are limited to solatium, agreed medical expenses, future care costs, and the cost of employing an extra chef due to ongoing incapacity.

Court Disposition

Decree for the pursuer for £34,735 inclusive of interest to date.

Orders

  • Award of £20,000 for solatium plus £3,502 interest
  • Award of £3,096 for past medical expenses plus £637 interest