KIRSTY POLLOCK v. THOMAS WILLIAM WESTALL [2010] ScotSC 120 (16 July 2010)

The pursuer suffered a minor back injury with exacerbation of pre-existing pain and mild psychological effects, with recovery to pre-accident level by 9 months. Comparable cases and guidelines support an award of £2,750 for solatium, with £200 for necessary services, plus interest.

Citation: [2010] ScotSC 120
Parties: Pursuer: Kirsty Pollock; Defender: Thomas William Westall
Jurisdiction: Scotland
Judgment Date: 16 July 2010
Procedural Posture: Personal Injury Action / Judgment After Proof
Outcome: decree for pursuer
Legal Topics: Road Traffic Accident, Negligence, Solatium, Necessary Services, Quantum of Damages

Tort Personal Injury Road Traffic Accident Negligence Solatium Necessary Services Quantum of Damages

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 11 Party arguments 2 Amounts and remedies 4

Parties

Kirsty Pollock

Pursuer

Thomas William Westall

Defender

Procedural Posture

Personal Injury Action / Judgment After Proof

Legal Issues

1 quantum of solatium for soft tissue injury and exacerbation of pre-existing back pain
2 entitlement to damages for necessary services under section 8 of the Administration of Justice (Scotland) Act 1982

Ratio Decidendi

Court Disposition

decree for pursuer

Orders

Defender to pay pursuer £2,750 sterling for solatium with interest at 4% per annum from 16 December 2008 until date of decree, then at judicial rate (8%) until payment.
Defender to pay pursuer £200 sterling for necessary services, inclusive of interest to date of decree, then at judicial rate (8%) until payment.