McKenna v. Aitchieson [2009] ScotSC 30 (12 November 2009)

McKenna v. Aitchieson [2009] ScotSC 30 (12 November 2009)

The pursuer is entitled to damages for whiplash injury and inconvenience caused by the defender's negligence. The appropriate award for solatium is £3,750, reflecting the 26-month recovery period and comparison with similar cases. A nominal sum of £20 is awarded for inconvenience. Interest is awarded in accordance with standard practice.

Citation
[2009] ScotSC 30
Parties
Pursuer: Thomas McKenna; Defender: Thomas Aitchieson
Jurisdiction
Scotland
Judgment Date
12 November 2009
Procedural Posture
Personal Injury Road Traffic Accident / Judgment After Proof (trial) on Quantum
Outcome
Decree for the pursuer.
Legal Topics
Negligence, Damages, Solatium, Whiplash Injury, Interest on Damages
Tort Personal Injury Negligence Damages Solatium Whiplash Injury Interest on Damages

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Parties

Thomas McKenna

Pursuer

Thomas Aitchieson

Defender

Procedural Posture

Personal Injury Road Traffic Accident / Judgment After Proof (trial) on Quantum

Legal Issues

  1. 1 What is the appropriate quantum of damages (solatium and inconvenience) for the pursuer's whiplash injury and associated inconvenience caused by the defender's negligence?

Ratio Decidendi

The pursuer is entitled to damages for whiplash injury and inconvenience caused by the defender's negligence. The appropriate award for solatium is £3,750, reflecting the 26-month recovery period and comparison with similar cases. A nominal sum of £20 is awarded for inconvenience. Interest is awarded in accordance with standard practice.

Court Disposition

Decree for the pursuer.

Orders

  • Defender to pay pursuer £3,750 with interest at 4% per annum from 27 January 2008 until date of decree and thereafter at the judicial rate until payment.
  • Defender to pay pursuer £20 with interest at 8% per annum from 27 January 2008 until payment.