McAuley Or McManus & Ors v Babcock Energy Ltd [1999] ScotCS 130 (28 May 1999)

McAuley Or McManus & Ors v Babcock Energy Ltd [1999] ScotCS 130 (28 May 1999)

Awards for solatium and loss of society must reflect the full scope of physical and emotional suffering, including distress in contemplation of the deceased's suffering, grief, and loss of society, as clarified by section 1(4) of the Damages (Scotland) Act 1976. Previous awards provide guidance but must be carefully scrutinised to ensure all statutory elements are compensated. Loss of support is calculated as a reasonable percentage of combined incomes, adjusted for the survivor's circumstances.

Citation
[1999] ScotCS 130
Parties
Pursuer: Mrs Rosemary McAuley or McManus; Pursuer: Mark McManus; Pursuer: Paul McManus; Defender: Babcock Energy Limited
Jurisdiction
Scotland
Judgment Date
28 May 1999
Procedural Posture
Personal Injury/reparation / Quantum Assessment After Admission of Liability
Outcome
Awards granted for solatium, wage loss, funeral expenses, loss of society, and loss of support.
Legal Topics
Mesothelioma, Asbestos Exposure, Damages Assessment, Loss of Society, Solatium, Funeral Expenses, Loss of Support, Damages (scotland) Act 1976
Personal Injury Tort Scottish Civil Law Mesothelioma Asbestos Exposure Damages Assessment Loss of Society Solatium +3 more

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Parties

Mrs Rosemary McAuley or McManus

Pursuer

Mark McManus

Pursuer

Paul McManus

Pursuer

Babcock Energy Limited

Defender

Procedural Posture

Personal Injury/reparation / Quantum Assessment After Admission of Liability

Legal Issues

  1. 1 Assessment of quantum for solatium, wage loss, funeral expenses, and loss of society under Damages (Scotland) Act 1976
  2. 2 Appropriate awards for widow and adult children under section 1(4)
  3. 3 Calculation of loss of support

Ratio Decidendi

Awards for solatium and loss of society must reflect the full scope of physical and emotional suffering, including distress in contemplation of the deceased's suffering, grief, and loss of society, as clarified by section 1(4) of the Damages (Scotland) Act 1976. Previous awards provide guidance but must be carefully scrutinised to ensure all statutory elements are compensated. Loss of support is calculated as a reasonable percentage of combined incomes, adjusted for the survivor's circumstances.

Court Disposition

Awards granted for solatium, wage loss, funeral expenses, loss of society, and loss of support.

Orders

  • £50,000 awarded for solatium to the first pursuer as executrix dative, with 8% interest from date of death.
  • £11,492 awarded for wage loss plus £2,221.78 interest at 8%.