Currie & Anor v Esure Services Ltd [2014] ScotCS CSIH_112 (19 December 2014)

Currie & Anor v Esure Services Ltd [2014] ScotCS CSIH_112 (19 December 2014)

The Lord Ordinary's approach of uprating the Shaher award by 50% to £42,000 was reasonable and consistent with judicial guidance. No material error in principle or manifest unfairness was demonstrated, and the reclaimers' criticisms regarding the treatment of jury awards and interpretation of Hamilton were unfounded.

Citation
[2014] ScotCS CSIH_112
Parties
Pursuer and Reclaimer: James Currie; Pursuer and Reclaimer: Margaret Currie; Defender and Respondent: Esure Services Limited
Jurisdiction
Scotland
Judgment Date
19 December 2014
Procedural Posture
Reclaiming Motion / Appeal From Lord Ordinary's Decision
Outcome
reclaiming motion refused
Legal Topics
Damages for Loss of Society, Assessment of Damages, Judicial Discretion, Road Traffic Accident
Personal Injury Insurance Law Damages for Loss of Society Assessment of Damages Judicial Discretion Road Traffic Accident

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Parties

James Currie

Pursuer and Reclaimer

Margaret Currie

Pursuer and Reclaimer

Esure Services Limited

Defender and Respondent

Procedural Posture

Reclaiming Motion / Appeal From Lord Ordinary's Decision

Legal Issues

  1. 1 Whether the Lord Ordinary erred in assessing damages for loss of society following the death of a young adult child
  2. 2 Appropriate weight to be given to jury awards in comparable cases
  3. 3 Interpretation of judicial guidance on damages valuation

Ratio Decidendi

The Lord Ordinary's approach of uprating the Shaher award by 50% to £42,000 was reasonable and consistent with judicial guidance. No material error in principle or manifest unfairness was demonstrated, and the reclaimers' criticisms regarding the treatment of jury awards and interpretation of Hamilton were unfounded.

Court Disposition

reclaiming motion refused

Orders

  • Awards of £42,000 to each parent for loss of society and guidance are affirmed