Adams v. The National Insurance And Guarantee Corporation Ltd [2009] ScotSC 16 (30 June 2009)

Adams v. The National Insurance And Guarantee Corporation Ltd [2009] ScotSC 16 (30 June 2009)

Award of £4,000 for solatium is appropriate given the severity of injury, protracted recovery, and comparison with relevant guidelines and case law; interest to run at agreed rates; damages for loss of use and inconvenience as agreed.

Citation
[2009] ScotSC 16
Parties
Pursuer: Mr Mark Adams; Defender: The National Insurance And Guarantee Corporation Limited
Jurisdiction
Scotland
Judgment Date
30 June 2009
Procedural Posture
Personal Injury Claim / Judgment After Proof
Outcome
decree for pursuer
Legal Topics
Personal Injury, Solatium, Damages Assessment, Motor Vehicle Accident
Tort Insurance Personal Injury Solatium Damages Assessment Motor Vehicle Accident

Case Brief

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Parties

Mr Mark Adams

Pursuer

The National Insurance And Guarantee Corporation Limited

Defender

Procedural Posture

Personal Injury Claim / Judgment After Proof

Legal Issues

  1. 1 Assessment of solatium for pain and suffering following motor vehicle accident
  2. 2 Appropriate quantum of damages for personal injury with recovery within 12 months

Ratio Decidendi

Award of £4,000 for solatium is appropriate given the severity of injury, protracted recovery, and comparison with relevant guidelines and case law; interest to run at agreed rates; damages for loss of use and inconvenience as agreed.

Court Disposition

decree for pursuer

Orders

  • Defender to pay pursuer £4,000 with interest at 4% per annum from 27 July 2007 to 26 July 2008 and 8% per annum thereafter until payment
  • Defender to pay pursuer £40 with interest at 8% per annum from date of decree until payment