Ashton v. Skews [2009] ScotSC 3 (19 January 2008)

The Sheriff's assessment of solatium was not strictly in accordance with the found facts regarding the duration of symptoms, justifying appellate intervention. A proper award for solatium, considering the nine-month recovery period and the intermittent nature of symptoms, is £2,000.

Citation: [2009] ScotSC 3
Parties: Pursuer and Appellant: Douglas Ashton; Defender and Respondent: Annette Skews
Jurisdiction: Scotland
Judgment Date: 19 January 2008
Procedural Posture: Personal Injury Appeal / Appeal Against Award of Damages (solatium)
Outcome: appeal sustained; Sheriff's interlocutor recalled in part; new award substituted
Legal Topics: Assessment of Damages, Solatium, Whiplash Injury, Road Traffic Accident

Personal Injury Tort Law Assessment of Damages Solatium Whiplash Injury Road Traffic Accident

Case Brief

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Parties

Douglas Ashton

Pursuer and Appellant

Annette Skews

Defender and Respondent

Procedural Posture

Personal Injury Appeal / Appeal Against Award of Damages (solatium)

Legal Issues

1 Whether the Sheriff's assessment of solatium was based on a correct analysis of the facts
2 Whether the appellate court should interfere with the award of damages

Ratio Decidendi

Court Disposition

appeal sustained; Sheriff's interlocutor recalled in part; new award substituted

Orders

Defender to pay pursuer £2,000 with interest at 4% per annum from 27 January 2007 until payment
All questions of expenses reserved