Currie & Ors v Esure Services Ltd [2014] ScotCS CSOH_34 (21 February 2014)

Currie & Ors v Esure Services Ltd [2014] ScotCS CSOH_34 (21 February 2014)

Awards for loss of society to parents of a young adult child should be based on the updated value of Shaher v British Aerospace Flying College Ltd, with a 50% uplift to reflect the guidance in Hamilton v Ferguson Transport. Section 4(3)(b)(i) does not apply where death was sudden and the deceased did not suffer. The sibling award should be higher than previous benchmarks, reflecting the undervaluation in Bellingham v Todd and the close relationship.

Citation
[2014] ScotCS CSOH_34
Parties
First Pursuer: James Currie; Second Pursuer: Margaret Currie; Third Pursuer: Euan Currie; Defender: Esure Services Limited
Jurisdiction
Scotland
Judgment Date
21 February 2014
Procedural Posture
Personal Injury Fatal Accident / Judgment After Proof
Outcome
judgment for pursuers
Legal Topics
Damages for Loss of Society, Bereavement Awards, Assessment of Non Patrimonial Damages, Damages (scotland) Act 2011, Judicial Vs Jury Awards
Tort Personal Injury Scottish Civil Procedure Damages for Loss of Society Bereavement Awards Assessment of Non Patrimonial Damages Damages (scotland) Act 2011 Judicial Vs Jury Awards

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Parties

James Currie

First Pursuer

Margaret Currie

Second Pursuer

Euan Currie

Third Pursuer

Esure Services Limited

Defender

Procedural Posture

Personal Injury Fatal Accident / Judgment After Proof

Legal Issues

  1. 1 What is just compensation for loss of society to parents and sibling following the death of a young adult son in a road traffic accident?
  2. 2 Should section 4(3)(b)(i) Damages (Scotland) Act 2011 (distress and anxiety in contemplation of suffering) apply where death was sudden?
  3. 3 How should judicial awards be uprated in light of Hamilton v Ferguson Transport guidance?

Ratio Decidendi

Awards for loss of society to parents of a young adult child should be based on the updated value of Shaher v British Aerospace Flying College Ltd, with a 50% uplift to reflect the guidance in Hamilton v Ferguson Transport. Section 4(3)(b)(i) does not apply where death was sudden and the deceased did not suffer. The sibling award should be higher than previous benchmarks, reflecting the undervaluation in Bellingham v Todd and the close relationship.

Court Disposition

judgment for pursuers

Orders

  • Award of £42,000 to James Currie (father) for loss of society
  • Award of £42,000 to Margaret Currie (mother) for loss of society