Young v Macvean [2015] ScotCS CSIH_70 (29 September 2015)

Young v Macvean [2015] ScotCS CSIH_70 (29 September 2015)

The pursuer did not suffer psychiatric injury as a result of direct perception of the event or its immediate aftermath involving her son; her injury was caused by being informed of his death. Therefore, she does not qualify as a secondary victim and is not entitled to damages for psychiatric illness. The award for loss of society was excessive and should be reduced in line with comparative case law.

Citation
[2015] ScotCS CSIH_70
Parties
Pursuer and Respondent: Martha Sarah Young; Defender and Reclaimer: Arthur Macvean
Jurisdiction
Scotland
Judgment Date
29 September 2015
Procedural Posture
Personal Injury Claim (damages for Death of Relative) / Appeal (reclaiming Motion)
Outcome
appeal allowed in part
Legal Topics
Psychiatric Injury, Secondary Victim, Bereavement Damages, Loss of Society, Quantification of Damages
Tort Personal Injury Scottish Civil Law Psychiatric Injury Secondary Victim Bereavement Damages Loss of Society Quantification of Damages

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Parties

Martha Sarah Young

Pursuer and Respondent

Arthur Macvean

Defender and Reclaimer

Procedural Posture

Personal Injury Claim (damages for Death of Relative) / Appeal (reclaiming Motion)

Legal Issues

  1. 1 Is the pursuer entitled to damages for psychiatric illness as a secondary victim?
  2. 2 Is the award for loss of society excessive under section 4(3)(b) of the Damages (Scotland) Act 2011?

Ratio Decidendi

The pursuer did not suffer psychiatric injury as a result of direct perception of the event or its immediate aftermath involving her son; her injury was caused by being informed of his death. Therefore, she does not qualify as a secondary victim and is not entitled to damages for psychiatric illness. The award for loss of society was excessive and should be reduced in line with comparative case law.

Court Disposition

appeal allowed in part

Orders

  • Lord Ordinary's interlocutor recalled
  • Pursuer not entitled to damages for psychiatric illness as secondary victim