Fairley v Thomson [2004] ScotSC 58 (28 August 2004)

Fairley v Thomson [2004] ScotSC 58 (28 August 2004)

The pursuer is entitled to £1,700 as reasonable compensation for pain, suffering, and restriction of activities caused by the defender's negligence, with 85% referable to past loss and interest at 5% from the date of accident.

Citation
[2004] ScotSC 58
Parties
Pursuer: Iain Fairley; Defender: Robert Thomson
Jurisdiction
Scotland
Judgment Date
28 August 2004
Procedural Posture
Personal Injury / Final Judgment
Outcome
judgment for pursuer
Legal Topics
Road Traffic Accident, Negligence, Damages, Solatium
Tort Personal Injury Road Traffic Accident Negligence Damages Solatium

Case Brief

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Parties

Iain Fairley

Pursuer

Robert Thomson

Defender

Procedural Posture

Personal Injury / Final Judgment

Legal Issues

  1. 1 quantification of solatium for pain and suffering
  2. 2 extent of restriction in social activities
  3. 3 assessment of damages for whiplash injury

Ratio Decidendi

The pursuer is entitled to £1,700 as reasonable compensation for pain, suffering, and restriction of activities caused by the defender's negligence, with 85% referable to past loss and interest at 5% from the date of accident.

Court Disposition

judgment for pursuer

Orders

  • Defender to pay pursuer £1,700 with interest on 85% at 5% per annum from 12 November 2003 until payment.
  • Hearing on expenses appointed.