Lennox v. Bishop [2005] ScotCS CSOH_87 (01 July 2005)

Lennox v. Bishop [2005] ScotCS CSOH_87 (01 July 2005)

A reasonable proportion of likely damages for interim payment is determined by a broad assessment of medical evidence and uncertainties, with a conservative approach. 50% of likely damages (£400,000+) is appropriate, less prior payments, resulting in £162,000 interim award.

Citation
[2005] ScotCS CSOH_87
Parties
Pursuer: John William Lennox; Defender: Alfred Walker Bishop
Jurisdiction
Scotland
Judgment Date
01 July 2005
Procedural Posture
Personal Injury / Motion for Interim Damages
Outcome
interim damages awarded
Legal Topics
Interim Damages, Assessment of Damages, Future Loss, Solatium, Care Costs
Personal Injury Civil Procedure Interim Damages Assessment of Damages Future Loss Solatium Care Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 13 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

John William Lennox

Pursuer

Alfred Walker Bishop

Defender

Procedural Posture

Personal Injury / Motion for Interim Damages

Legal Issues

  1. 1 What is a reasonable proportion of likely damages for interim payment under Rule of Court 43.11?
  2. 2 Assessment of damages for severe brain and pelvic injury with ongoing disability

Ratio Decidendi

A reasonable proportion of likely damages for interim payment is determined by a broad assessment of medical evidence and uncertainties, with a conservative approach. 50% of likely damages (£400,000+) is appropriate, less prior payments, resulting in £162,000 interim award.

Court Disposition

interim damages awarded

Orders

  • Defender to pay pursuer £162,000 as interim damages, less prior payments.
  • Specification of damages for statutory heads under Social Security (Recovery of Benefits) Act 1997.