Watt v. Bridges [2004] ScotCS 90 (07 April 2004)

Watt v. Bridges [2004] ScotCS 90 (07 April 2004)

Miss Watt sustained serious injuries resulting in cognitive impairment, closing the door to qualifying as a nurse. The court assessed damages for solatium, past wage loss, services, out-of-pocket expenses, disadvantage on the labour market, and loss of chance to qualify as a nurse, valuing the chance at 25% of the maximum recoverable sum.

Citation
[2004] ScotCS 90
Parties
Pursuer: Karen Watt; Defender: Peter Bridges
Jurisdiction
Scotland
Judgment Date
07 April 2004
Procedural Posture
Personal Injury / Judgment After Proof Before Answer
Outcome
Judgment for pursuer
Legal Topics
Damages, Loss of Earnings, Solatium, Loss of Chance, Disadvantage on Labour Market
Tort Personal Injury Damages Loss of Earnings Solatium Loss of Chance Disadvantage on Labour Market

Case Brief

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Parties

Karen Watt

Pursuer

Peter Bridges

Defender

Procedural Posture

Personal Injury / Judgment After Proof Before Answer

Legal Issues

  1. 1 Assessment of damages for personal injuries
  2. 2 Loss of opportunity to qualify as a nurse
  3. 3 Disadvantage on the labour market

Ratio Decidendi

Miss Watt sustained serious injuries resulting in cognitive impairment, closing the door to qualifying as a nurse. The court assessed damages for solatium, past wage loss, services, out-of-pocket expenses, disadvantage on the labour market, and loss of chance to qualify as a nurse, valuing the chance at 25% of the maximum recoverable sum.

Court Disposition

Judgment for pursuer

Orders

  • Award of damages totalling £69,500 plus interest as specified
  • Interlocutor sustaining first plea-in-law for pursuer