Robson v Grampian Country Chickens (Rearing) Ltd [2008] ScotCS CSOH_100 (10 July 2008)

Robson v Grampian Country Chickens (Rearing) Ltd [2008] ScotCS CSOH_100 (10 July 2008)

The court found the pursuer to be a credible and reliable witness whose occupational asthma, caused by the defenders' admitted breach of duty, resulted in ongoing symptoms, loss of employment, and some disadvantage in the labour market. Damages were assessed at £24,890.72, inclusive of solatium, loss of earnings, and disadvantage, based on the evidence and relevant guidelines.

Citation
[2008] ScotCS CSOH_100
Parties
Pursuer: Mrs Joyce Robson; Defender: Grampian Country Chickens (Rearing) Ltd
Jurisdiction
Scotland
Judgment Date
10 July 2008
Procedural Posture
Reparation Action (personal Injury) / Proof Restricted to Quantum of Damages
Outcome
Decree for payment granted in favour of the pursuer.
Legal Topics
Occupational Asthma, Damages Assessment, Loss of Earnings, Disadvantage in Labour Market, Solatium
Personal Injury Employment Law Occupational Asthma Damages Assessment Loss of Earnings Disadvantage in Labour Market Solatium

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Parties

Mrs Joyce Robson

Pursuer

Grampian Country Chickens (Rearing) Ltd

Defender

Procedural Posture

Reparation Action (personal Injury) / Proof Restricted to Quantum of Damages

Legal Issues

  1. 1 What is the appropriate quantum of damages for occupational asthma caused by workplace exposure to formaldehyde?
  2. 2 Is the pursuer entitled to damages for solatium, loss of earnings, and disadvantage on the labour market?

Ratio Decidendi

The court found the pursuer to be a credible and reliable witness whose occupational asthma, caused by the defenders' admitted breach of duty, resulted in ongoing symptoms, loss of employment, and some disadvantage in the labour market. Damages were assessed at £24,890.72, inclusive of solatium, loss of earnings, and disadvantage, based on the evidence and relevant guidelines.

Court Disposition

Decree for payment granted in favour of the pursuer.

Orders

  • Defenders to pay the pursuer £24,890.72 Sterling with interest at 8% per annum from 14 June 2007 until payment.
  • Question of expenses reserved.