LAWRIE T. CONWAY v. SHEENA WOOD [2001] ScotSC 20 (26th October, 2001)

LAWRIE T. CONWAY v. SHEENA WOOD [2001] ScotSC 20 (26th October, 2001)

The pursuer suffered a typical whiplash injury with pain and discomfort lasting up to 6 months and ongoing minor symptoms; comparable Scottish cases support an award of £3,000 for solatium. Interest is awarded at 8% per annum from the date of the accident until payment.

Citation
[2001] ScotSC 20
Parties
Pursuer: Lawrie Thomas Conway; Defender: Sheena Wood
Jurisdiction
Scotland
Procedural Posture
Civil Damages (personal Injury) / Judgment After Proof (trial) on Quantum
Outcome
judgment for the pursuer
Legal Topics
Road Traffic Accident, Whiplash Injury, Damages Assessment, Solatium, Interest on Damages
Tort Personal Injury Road Traffic Accident Whiplash Injury Damages Assessment Solatium Interest on Damages

Case Brief

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Parties

Lawrie Thomas Conway

Pursuer

Sheena Wood

Defender

Procedural Posture

Civil Damages (personal Injury) / Judgment After Proof (trial) on Quantum

Legal Issues

  1. 1 What is the appropriate amount of solatium for the pursuer's pain and suffering following a whiplash injury in a road traffic accident?

Ratio Decidendi

The pursuer suffered a typical whiplash injury with pain and discomfort lasting up to 6 months and ongoing minor symptoms; comparable Scottish cases support an award of £3,000 for solatium. Interest is awarded at 8% per annum from the date of the accident until payment.

Court Disposition

judgment for the pursuer

Orders

  • Defender to pay pursuer £3,000 sterling with interest at 8% per annum from 27 May 2000 until payment.
  • Defender liable for pursuer's expenses of the cause.