The Pursuer raised an action of damages following a road accident in December 2008. She was 23 years old at the time of the accident and 25 at the date of proof. Liability was admitted but there was a dispute over quantum.The Pursuer suffered a soft tissue injury to her lower back as a result of the accident. She had suffered chronic pre existing back pain for about 7 years before the accident. This had caused her difficulties on a daily basis and she took anti-inflammatory medicati ...
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Proof:- In this action the pursuer, a successful rally driver, sought damages from the defenders, a provider of maps via DVDs used to assist navigators in a rally, following a crash in which the pursuer’s car and he was psychiatrically injured. In this action the standard of negligence which fell to be applied was the ordinary standard or the professional negligence standard as set out in Hunter v Hanley 1955 SC 200. On 21 August 2004, the pursuer competed in a rally on Speyside. He was dr ...
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The Pursuer claimed damages for injuries she suffered in a road traffic accident. Liability was not in dispute but quantum could not be agreed and a Proof took place. At the time of the Proof the Pursuer was 41 years old. She was the only witness to give evidence. On several important points her evidence was entirely different from the information she had given to the Consultant in Accident & Emergency Medicine and Surgery who had examined her and provided a medical report. Both partie ...
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In a Summary Cause action, the Pursuer claimed damages following an incident in which his parked vehicle was struck and damaged by a vehicle driven by the Defender's employee. It was not disputed that the Pursuer needed a replacement vehicle. He hired a vehicle for 19 days at a cost of just under £5,000. Although prepared to pay the cost of repairing the Pursuer’s vehicle, the Defender disputed liability to pay the cost of an engineer’s report and also part of the hire char ...
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The Pursuer (aged 38 at Proof) raised an action of damages following a road traffic accident in October 2006. The Defender admitted liability but quantum could be not be agreed. The Pursuer was diagnosed with a whiplash injury and was prescribed painkillers. For about 2 months after the accident, the Pursuer suffered pain in her neck and had to take painkillers. The pain gradually settled over the following 5 months and the Pursuer’s symptoms had resolved fully within a year. As a result o ...
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The Pursuer raised an action of damages for injuries sustained in a road traffic accident. He was retired and aged 69 at the time of the accident and 71 at proof. Liability was admitted and the only issue in dispute was the value of solatium. Following the accident, the Pursuer had experienced pain and stiffness in his neck and shoulders. He had consulted his GP 4 days later and had been diagnosed with a whiplash injury. He had been prescribed analgesia and referred for physiotherapy. ...
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The Pursuer raised an action for damages after he was injured when his stationery car was struck from behind by a car being driven by the Defender’s insured. Liability was admitted but there was a dispute over the value of solatium and a Proof took place. The Pursuer gave evidence and the terms of a medical report were agreed by Joint Minute. At the time of the Proof, the Pursuer was 48 years old. As a result of the collision, he suffered pain from some tearing of the muscles in his left u ...
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Court Set Out Model Periodical Payments Order: The Court of Appeal had considered periodical payment orders in the three instant cases and found that it was appropriate to link them to the ASHE 6115 index rather than to the retail price index. The claimants thus sought approval of model periodical payments orders designed to give effect to that judgment in the instant cases, and to be incorporated in orders awaiting approval in current and prospective cases. The draft orders sought to a ...
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Court Assessed Damages in Cerebral Palsy Case: The main focus of the decision was on the claimant’s claim for care: he submitted that he was entitled to the cost of two carers providing high quality care, along with the associated costs of employing them. The Court held that although he would not need two carers all of the time, it was reasonable for him to have them because it required two people to move him, except for eight hours during the night. It was reasonable that there should be a team ...
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PSLA Assessed in Case Where Claimant Sustained Brain Damage Shortly After Birth: Penry-Davey J. assessed damages in a case where the Claimant had sustained permanent brain damage shortly after her birth as a result of the Defendant’s admitted clinical negligence. It was held that the Claimant’s loss of amenity was at the very top end of the scale in terms of her loss of ability, amenity and enjoyment of her life. Although she had no insight into her condition, her life expectancy was very long a ...
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