Cusick v. Stephen T Campbell [2002] ScotCS 12 (16th January, 2002)

Cusick v. Stephen T Campbell [2002] ScotCS 12 (16th January, 2002)

The pursuer was not entitled to a share of partnership profits post-accident and instead received loans, establishing a real loss of earnings. The sheriff erred in refusing an award for future loss of earnings, given the pursuer's ongoing incapacity and uncertain prospects for alternative employment. Damages for future loss should be assessed using a multiplier of 7 applied to an annual loss of £10,710, with interest from 30 November 1999.

Citation
[2002] ScotCS 12
Parties
Pursuer and Appellant: Terence Cusick; Defender and Respondent: Stephen T. Campbell
Jurisdiction
Scotland
Procedural Posture
Appeal / Appeal From Sheriff Court Decision on Damages
Outcome
Pursuer's appeal allowed in part; defender's cross-appeal refused.
Legal Topics
Assessment of Damages, Loss of Earnings, Future Loss of Earnings, Interest on Damages, Partnership Profit Entitlement
Personal Injury Partnership Law Assessment of Damages Loss of Earnings Future Loss of Earnings Interest on Damages Partnership Profit Entitlement

Case Brief

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Parties

Terence Cusick

Pursuer and Appellant

Stephen T. Campbell

Defender and Respondent

Procedural Posture

Appeal / Appeal From Sheriff Court Decision on Damages

Legal Issues

  1. 1 Whether the pursuer was entitled to damages for past and future loss of earnings given his partnership status and arrangements with his brother.
  2. 2 Whether the sheriff erred in refusing an award for future loss of earnings.

Ratio Decidendi

The pursuer was not entitled to a share of partnership profits post-accident and instead received loans, establishing a real loss of earnings. The sheriff erred in refusing an award for future loss of earnings, given the pursuer's ongoing incapacity and uncertain prospects for alternative employment. Damages for future loss should be assessed using a multiplier of 7 applied to an annual loss of £10,710, with interest from 30 November 1999.

Court Disposition

Pursuer's appeal allowed in part; defender's cross-appeal refused.

Orders

  • Award of damages increased by £74,970 for future loss of earnings, with interest at 8% per annum from 30 November 1999.
  • Findings in fact amended as specified in the judgment.