Buxton v. Direct Line Insurance Plc [2010] ScotSC 27 (29 December 2010)

An award of £2,000 for solatium is appropriate given the nature and duration of the pursuer's injuries, the medical evidence, and the range of comparable awards in similar cases. The sum of £50 for inconvenience is agreed. Interest is to run at 4% for 6 months from the date of the accident and thereafter at 8%.

Citation: [2010] ScotSC 27
Parties: Pursuer: Ms Sara Buxton; Defender: Direct Line Insurance plc
Jurisdiction: Scotland
Judgment Date: 29 December 2010
Procedural Posture: Civil Personal Injury / Judgment After Proof (trial)
Outcome: Pursuer awarded £2,000 solatium and £50 for inconvenience, with interest as specified. Hearing on expenses assigned.
Legal Topics: Road Traffic Accident, Personal Injury, Damages Assessment, Solatium, Inconvenience, Interest on Damages

Tort Insurance Law Road Traffic Accident Personal Injury Damages Assessment Solatium Inconvenience Interest on Damages

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 14 Party arguments 2 Amounts and remedies 4

Parties

Ms Sara Buxton

Pursuer

Direct Line Insurance plc

Defender

Procedural Posture

Civil Personal Injury / Judgment After Proof (trial)

Legal Issues

1 What is the appropriate amount of solatium for the pursuer's injuries?
2 Is the agreed sum for inconvenience appropriate?
3 What is the applicable interest rate on damages?

Ratio Decidendi

Court Disposition

Pursuer awarded £2,000 solatium and £50 for inconvenience, with interest as specified. Hearing on expenses assigned.

Orders

Award of £2,000 by way of solatium to pursuer.
Award of £50 for inconvenience to pursuer.