Fairley v Thomson [2004] ScotSC 59 (02 September 2004)

Fairley v Thomson [2004] ScotSC 59 (02 September 2004)

The pursuer is entitled to £1,700 in damages for pain, suffering, and loss of amenity, reflecting a fair degree of discomfort, five days off work, six weeks of pain, and ongoing restrictions in recreational activities, with 85% of the award referable to the past and interest at 5% from the date of the accident.

Citation
[2004] ScotSC 59
Parties
Pursuer: Iain Fairley; Defender: Robert Thomson
Jurisdiction
Scotland
Judgment Date
02 September 2004
Procedural Posture
Personal Injury (road Traffic Accident) / Judgment After Proof (trial) on Quantum
Outcome
Decree for pursuer for £1,700 with interest on 85% at 5% per annum from 12 November 2003 until payment; hearing on expenses appointed.
Legal Topics
Road Traffic Accident, Whiplash Injury, Damages Assessment, Solatium, Pain and Suffering
Tort Personal Injury Road Traffic Accident Whiplash Injury Damages Assessment Solatium Pain and Suffering

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Parties

Iain Fairley

Pursuer

Robert Thomson

Defender

Procedural Posture

Personal Injury (road Traffic Accident) / Judgment After Proof (trial) on Quantum

Legal Issues

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

Ratio Decidendi

The pursuer is entitled to £1,700 in damages for pain, suffering, and loss of amenity, reflecting a fair degree of discomfort, five days off work, six weeks of pain, and ongoing restrictions in recreational activities, with 85% of the award referable to the past and interest at 5% from the date of the accident.

Court Disposition

Decree for pursuer for £1,700 with interest on 85% at 5% per annum from 12 November 2003 until payment; hearing on expenses appointed.

Orders

  • Defender to pay pursuer £1,700.
  • Interest on 85% of £1,700 at 5% per annum from 12 November 2003 until payment.