Scots Damages Calculation not as English
The parties disputed the damages payable after a road traffic accident. The pursuer was a passenger on a bus hit by the defendant driver, and suffered various minor injuries, particularly back and ankle pains.
Held: The court urged caution in the use of English cases in personal injury damages claims because of the different calculations of expenses. The court should look at the injuries as a whole. In this case the appropriate figure for solatium was pounds 3,400.
[2008] ScotSC 26
Bailii
Scotland
Damages, Road Traffic, Personal Injury
Updated: 02 November 2021; Ref: scu.277654