Lyon v. Dean [2007] ScotSC 2 (17 January 2007)

Lyon v. Dean [2007] ScotSC 2 (17 January 2007)

Given the severity and duration of the pursuer's whiplash injury, the need for increased medication, use of a cervical collar, housebound status, and services rendered by his wife, an award of £1,500 for solatium and £101.85 for services is appropriate. The defender is liable for these sums as damages for negligence.

Citation
[2007] ScotSC 2
Parties
Pursuer: Scott Lyon; Defender: Jamie Lee Dean
Jurisdiction
Scotland
Judgment Date
17 January 2007
Procedural Posture
Personal Injury / Judgment After Proof
Outcome
Decree for pursuer in the sum of £1,601.85 with interest at 8% per annum from 16 February 2005 until settlement; all questions of expenses reserved for further hearing.
Legal Topics
Road Traffic Accident, Whiplash Injury, Damages Assessment, Solatium, Services Claim
Tort Personal Injury Road Traffic Accident Whiplash Injury Damages Assessment Solatium Services Claim

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Scott Lyon

Pursuer

Jamie Lee Dean

Defender

Procedural Posture

Personal Injury / Judgment After Proof

Legal Issues

  1. 1 Quantum of damages for whiplash injury and associated losses
  2. 2 Assessment of services claim for care provided by spouse

Ratio Decidendi

Given the severity and duration of the pursuer's whiplash injury, the need for increased medication, use of a cervical collar, housebound status, and services rendered by his wife, an award of £1,500 for solatium and £101.85 for services is appropriate. The defender is liable for these sums as damages for negligence.

Court Disposition

Decree for pursuer in the sum of £1,601.85 with interest at 8% per annum from 16 February 2005 until settlement; all questions of expenses reserved for further hearing.

Orders

  • Defender to pay pursuer £1,601.85 sterling
  • Interest at 8% per annum from 16 February 2005 until settlement