Dingwall v. Todd [2006] ScotSC 31 (24 March 2006)

Dingwall v. Todd [2006] ScotSC 31 (24 March 2006)

The appropriate award for solatium is £1,600, reflecting the pursuer's pain and suffering, restricted mobility and lifestyle for three months, and his particular circumstances including longer recovery due to pre-existing disability.

Citation
[2006] ScotSC 31
Parties
Pursuer: Alexander Dingwall; Defender: Hilda Todd
Jurisdiction
Scotland
Judgment Date
24 March 2006
Procedural Posture
Personal Injury Action / Judgment After Proof Restricted to Quantum
Outcome
judgment for pursuer
Legal Topics
Road Traffic Accident, Solatium, Quantum of Damages, Interest on Damages
Tort Personal Injury Road Traffic Accident Solatium Quantum of Damages Interest on Damages

Case Brief

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Parties

Alexander Dingwall

Pursuer

Hilda Todd

Defender

Procedural Posture

Personal Injury Action / Judgment After Proof Restricted to Quantum

Legal Issues

  1. 1 quantum of damages for pain and suffering following road traffic accident
  2. 2 assessment of solatium for whiplash injury and related pain

Ratio Decidendi

The appropriate award for solatium is £1,600, reflecting the pursuer's pain and suffering, restricted mobility and lifestyle for three months, and his particular circumstances including longer recovery due to pre-existing disability.

Court Disposition

judgment for pursuer

Orders

  • Defender to pay pursuer £1,600 sterling with interest at 6% per annum from 30 September 2004 to date of decree, and 8% per annum thereafter until payment.
  • Question of expenses reserved; parties to be heard.