Xerri v. Direct Line Insurance [2007] ScotSC 10 (06 March 2007)

Xerri v. Direct Line Insurance [2007] ScotSC 10 (06 March 2007)

The appropriate award for solatium is £2,200, increased to £2,244 to reflect interest, based on the seriousness and duration of the pursuer's injuries, including sleep disruption and nightmares, which were more significant than in the closest comparator cases. Special damages are awarded as agreed at £465.50...

Source-derived case information.

Citation
[2007] ScotSC 10
Parties
Pursuer: Aileen Xerri; Defender: Direct Line Insurance
Jurisdiction
Scotland
Judgment Date
06 March 2007
Procedural Posture
Civil Personal Injury / Judgment After Proof
Outcome
decree for payment in favour of pursuer
Legal Topics
Road Traffic Accident, Personal Injury, Damages, Solatium, Special Damages
Tort Insurance Law Road Traffic Accident Personal Injury Damages Solatium Special Damages

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Parties

Aileen Xerri

Pursuer

Direct Line Insurance

Defender

Procedural Posture

Civil Personal Injury / Judgment After Proof

Legal Issues

  1. 1 quantum of damages for personal injury following admitted liability in a road traffic accident

Ratio Decidendi

The appropriate award for solatium is £2,200, increased to £2,244 to reflect interest, based on the seriousness and duration of the pursuer's injuries, including sleep disruption and nightmares, which were more significant than in the closest comparator cases. Special damages are awarded as agreed at £465.50 inclusive of interest.

Court Disposition

decree for payment in favour of pursuer

Orders

  • Defender to pay pursuer £2,244 sterling as solatium with interest at 8% per annum from date of decree until payment.
  • Defender to pay pursuer £465.50 sterling as special damages with interest at 8% per annum from date of decree until payment.