Gibson v Pickfords Removals Ltd [2000] ScotCS 113 (27 April 2000)

The pursuer failed to prove that the accident caused continuing pain or disability beyond mid-June 1996; damages are restricted to solatium for pain and suffering up to that date.

Citation: [2000] ScotCS 113
Parties: Pursuer: Ian William Gibson; Defender: Pickfords Removals Limited
Jurisdiction: Scotland
Judgment Date: 27 April 2000
Procedural Posture: Personal Injury / Judgment After Proof
Outcome: decree for pursuer for solatium only
Legal Topics: Workplace Injury, Damages Assessment, Causation

Tort Employment Law Workplace Injury Damages Assessment Causation

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 Party arguments 2 Amounts and remedies 3

Parties

Ian William Gibson

Pursuer

Pickfords Removals Limited

Defender

Procedural Posture

Personal Injury / Judgment After Proof

Legal Issues

1 Extent of injury caused by workplace accident
2 Causation of ongoing disability and loss of earnings
3 Appropriate quantum of damages

Ratio Decidendi

The pursuer failed to prove that the accident caused continuing pain or disability beyond mid-June 1996; damages are restricted to solatium for pain and suffering up to that date.

Court Disposition

decree for pursuer for solatium only

Orders

Award of £1,750 for solatium
Interest at 8% per annum from June 1996 to date, calculated at £536