Elliot v. Glasgow Corporation [1921] ScotLR 140 (22 December 1921)

Elliot v. Glasgow Corporation [1921] ScotLR 140 (22 December 1921)

The award of £300, though high, was not so excessive as to justify interference by the Court, given the absence of a fixed standard for solatium and the principle that only awards at least twice what is reasonable should be set aside.

Citation
[1921] ScotLR 140
Parties
Pursuer: John Elliot; Defenders: Glasgow Corporation
Jurisdiction
Scotland
Judgment Date
22 December 1921
Procedural Posture
Reparation (damages for Wrongful Death) / Motion for New Trial After Jury Verdict
Outcome
Rule for new trial discharged; jury verdict upheld.
Legal Topics
Solatium, Damages Assessment, Wrongful Death, Excessive Damages, Jury Trial
Tort Law Personal Injury Solatium Damages Assessment Wrongful Death Excessive Damages Jury Trial

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 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

John Elliot

Pursuer

Glasgow Corporation

Defenders

Procedural Posture

Reparation (damages for Wrongful Death) / Motion for New Trial After Jury Verdict

Legal Issues

  1. 1 Whether the jury's award of £300 as solatium for the death of a two-year-old child was so excessive as to justify the Court in granting a new trial

Ratio Decidendi

The award of £300, though high, was not so excessive as to justify interference by the Court, given the absence of a fixed standard for solatium and the principle that only awards at least twice what is reasonable should be set aside.

Court Disposition

Rule for new trial discharged; jury verdict upheld.

Orders

  • No new trial granted
  • Jury award of £300 stands