ALEXANDER URQUHART v. COAKLEY BUS COMPANY LIMITED [2000] ScotSC 14 (2nd June, 2000)

ALEXANDER URQUHART v. COAKLEY BUS COMPANY LIMITED [2000] ScotSC 14 (2nd June, 2000)

The defender was at fault for the accident, causing the pursuer's injuries. The pursuer's evidence, supported by medical testimony, established ongoing pain and loss of amenity for several months. Comparable awards in similar cases justified a solatium of £3,000 plus agreed special damages.

Citation
[2000] ScotSC 14
Parties
Pursuer: Alexander Urquhart; Defender: Coakley Bus Company Limited
Jurisdiction
Scotland
Procedural Posture
Personal Injury Reparation / Proof Limited to Quantum
Outcome
judgment for the pursuer
Legal Topics
Negligence, Damages, Whiplash Injury, Solatium
Tort Personal Injury Negligence Damages Whiplash Injury Solatium

Case Brief

Summary, issues, holding and outcome

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Parties

Alexander Urquhart

Pursuer

Coakley Bus Company Limited

Defender

Procedural Posture

Personal Injury Reparation / Proof Limited to Quantum

Legal Issues

  1. 1 Whether the defender is liable for the pursuer's injuries resulting from a bus accident
  2. 2 Assessment of appropriate damages for soft tissue and minor injuries

Ratio Decidendi

The defender was at fault for the accident, causing the pursuer's injuries. The pursuer's evidence, supported by medical testimony, established ongoing pain and loss of amenity for several months. Comparable awards in similar cases justified a solatium of £3,000 plus agreed special damages.

Court Disposition

judgment for the pursuer

Orders

  • Defender to pay pursuer £3,032.80 sterling with interest on £3,000 at 4% per annum from date of accident to date of judgment
  • All questions of expenses reserved for further hearing