Hutton v. Jack [2006] ScotSC 105 (19 December 2006)

Hutton v. Jack [2006] ScotSC 105 (19 December 2006)

The sheriff's award of £750 was unreasonable and outside the reasonable bracket for a soft tissue injury with pain and loss of amenity lasting three months. The evidence established ongoing pain and inability to swim for three months, justifying an award of £1,250. Interest at 8% from 30 November 2003 is appropriate. No award for services or inconvenience is justified. The sheriff's conduct was not inappropriate.

Citation
[2006] ScotSC 105
Parties
Pursuer and Appellant: Ms K M Hutton; Defender and Respondent: Simon Jack
Jurisdiction
Scotland
Judgment Date
19 December 2006
Procedural Posture
Personal Injury Ordinary Action (appeal) / Appeal From Sheriff's Interlocutor
Outcome
Appeal sustained. Sheriff's interlocutor recalled. Decree for £1,250 with interest at 8% from 1 December 2003 until payment. Expenses awarded to appellant on the summary cause scale.
Legal Topics
Assessment of Damages, Solatium, Interest on Damages, Expenses, Appeal Review Standards
Personal Injury Civil Procedure Assessment of Damages Solatium Interest on Damages Expenses Appeal Review Standards

Case Brief

Summary, issues, holding and outcome

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Parties

Ms K M Hutton

Pursuer and Appellant

Simon Jack

Defender and Respondent

Procedural Posture

Personal Injury Ordinary Action (appeal) / Appeal From Sheriff's Interlocutor

Legal Issues

  1. 1 Whether the sheriff erred in assessing damages for solatium at £750 for a soft tissue injury lasting approximately three months
  2. 2 Whether the sheriff failed to properly consider the evidence of pain and suffering
  3. 3 Whether the sheriff's award was unreasonable and outside the reasonable bracket for such injuries

Ratio Decidendi

The sheriff's award of £750 was unreasonable and outside the reasonable bracket for a soft tissue injury with pain and loss of amenity lasting three months. The evidence established ongoing pain and inability to swim for three months, justifying an award of £1,250. Interest at 8% from 30 November 2003 is appropriate. No award for services or inconvenience is justified. The sheriff's conduct was not inappropriate.

Court Disposition

Appeal sustained. Sheriff's interlocutor recalled. Decree for £1,250 with interest at 8% from 1 December 2003 until payment. Expenses awarded to appellant on the summary cause scale.

Orders

  • Recall of sheriff's interlocutor of 9 March 2006
  • Substitution of amended findings in fact