Spink v. Lawrie [2006] ScotSC 41 (09 May 2006)

Spink v. Lawrie [2006] ScotSC 41 (09 May 2006)

The pursuer suffered moderate but ongoing pain directly attributable to the accident, with permanent episodes likely. The defender admitted liability. Awards for solatium, services, and inconvenience are justified based on severity, duration, and ongoing impact, referencing Judicial Studies Guidelines and closest factual comparators.

Citation
[2006] ScotSC 41
Parties
Pursuer: Alison Spink; Defender: Jamie Lawrie
Jurisdiction
Scotland
Judgment Date
09 May 2006
Procedural Posture
Personal Injury / Judgment After Proof on Quantum
Outcome
decree for payment to pursuer
Legal Topics
Road Traffic Accident, Negligence, Damages, Solatium, Services, Inconvenience
Tort Personal Injury Road Traffic Accident Negligence Damages Solatium Services Inconvenience

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Parties

Alison Spink

Pursuer

Jamie Lawrie

Defender

Procedural Posture

Personal Injury / Judgment After Proof on Quantum

Legal Issues

  1. 1 quantum of damages for personal injury
  2. 2 causation of ongoing pain
  3. 3 assessment of solatium and services

Ratio Decidendi

The pursuer suffered moderate but ongoing pain directly attributable to the accident, with permanent episodes likely. The defender admitted liability. Awards for solatium, services, and inconvenience are justified based on severity, duration, and ongoing impact, referencing Judicial Studies Guidelines and closest factual comparators.

Court Disposition

decree for payment to pursuer

Orders

  • Defender to pay pursuer £5,700 with interest at 8% per annum from 23 March 2004 until payment.
  • Reserves all questions of expenses; parties to be heard thereon.