Denholm v. Gates Power Transmission Ltd [2005] ScotCS CSOH_102 (02 August 2005)

Denholm v. Gates Power Transmission Ltd [2005] ScotCS CSOH_102 (02 August 2005)

The pursuer suffered a mild chronic regional pain syndrome resulting in some ongoing pain and minor disability, but surveillance evidence showed she could lead a relatively normal life. Wage loss was limited to a period allowing for reasonable treatment and phased return to work, solatium was set at £10,000 (60% past), and services claim was minimal due to limited additional assistance required.

Citation
[2005] ScotCS CSOH_102
Parties
Pursuer: Kathleen Denholm; Defender: Gates Power Transmission Limited
Jurisdiction
Scotland
Judgment Date
02 August 2005
Procedural Posture
Personal Injury / Judgment After Proof
Outcome
Decree for pursuer for damages inclusive of interest to date.
Legal Topics
Employer's Liability, Damages Assessment, Chronic Pain Syndrome, Loss of Earnings, Solatium, Services Claim
Tort Personal Injury Employer's Liability Damages Assessment Chronic Pain Syndrome Loss of Earnings Solatium Services Claim

Case Brief

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Parties

Kathleen Denholm

Pursuer

Gates Power Transmission Limited

Defender

Procedural Posture

Personal Injury / Judgment After Proof

Legal Issues

  1. 1 Extent of pursuer's disability and credibility of reported symptoms
  2. 2 Appropriate period for wage loss calculation
  3. 3 Assessment of solatium for minor sympathetic dystrophy

Ratio Decidendi

The pursuer suffered a mild chronic regional pain syndrome resulting in some ongoing pain and minor disability, but surveillance evidence showed she could lead a relatively normal life. Wage loss was limited to a period allowing for reasonable treatment and phased return to work, solatium was set at £10,000 (60% past), and services claim was minimal due to limited additional assistance required.

Court Disposition

Decree for pursuer for damages inclusive of interest to date.

Orders

  • Award of £55,016 inclusive of interest to date as damages.
  • Specification that £33,783 is compensation for loss of earnings during relevant period (21 April 2000 to 21 April 2005) under Social Security (Recovery of Benefits) Act 1997.