Gordon v. Lynch [2009] ScotCS CSOH_116 (06 August 2009)

Gordon v. Lynch [2009] ScotCS CSOH_116 (06 August 2009)

The court determined the quantum of damages based on expert evidence, factual findings, and legal principles, awarding substantial sums for solatium, care, services, accommodation, equipment, therapies, and guardianship, with agency care deemed most appropriate. Life expectancy was set at 74 years, multiplier at 20.15, and all heads of claim assessed individually with reference to evidence and legal standards.

Citation
[2009] ScotCS CSOH_116
Parties
Pursuer: Elizabeth Gordon; Defender: Mark Martin Lynch
Jurisdiction
Scotland
Judgment Date
06 August 2009
Procedural Posture
Personal Injury / Final Judgment
Outcome
judgment for pursuer
Legal Topics
Road Traffic Accident, Damages Assessment, Care Costs, Loss of Earning Capacity, Services, Guardianship, Accommodation, Future Care, Solatium
Tort Personal Injury Medical Law Road Traffic Accident Damages Assessment Care Costs Loss of Earning Capacity Services +4 more

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 4 Authorities cited 4 Party arguments 2 Amounts and remedies 19
Sign in to unlock

Parties

Elizabeth Gordon

Pursuer

Mark Martin Lynch

Defender

Procedural Posture

Personal Injury / Final Judgment

Legal Issues

  1. 1 Assessment of damages for catastrophic brain injury following road traffic accident
  2. 2 Appropriate heads and quantum of claim for care, services, accommodation, equipment, therapies, guardianship, and solatium
  3. 3 Determination of life expectancy and multiplier for future losses

Ratio Decidendi

The court determined the quantum of damages based on expert evidence, factual findings, and legal principles, awarding substantial sums for solatium, care, services, accommodation, equipment, therapies, and guardianship, with agency care deemed most appropriate. Life expectancy was set at 74 years, multiplier at 20.15, and all heads of claim assessed individually with reference to evidence and legal standards.

Court Disposition

judgment for pursuer

Orders

  • Defendant to pay total damages of £3,301,053.76 to pursuer, inclusive of interest and all heads of claim as detailed in judgment.
  • Case put out By Order for final arithmetic adjustments if required.