The recent case of Elizabeth Nolan v First Glasgow Ltd (11 June 2008) highlights the need for care to be taken when referring to past decisions and indexing up past awards of solatium that have been made by the Courts.
In Nolan, the Pursuer was a passenger on a bus which collided with another stationary bus. She was thrown from her seat and suffered injuries to her neck, shoulder and right arm. She was absent from work for a year before returning to work, however she was unable to work a five day week.
The Pursuers argued that solatium could be reasonably assessed at £16,500, whereas the Defenders submitted that £6,000 was a more appropriate figure. Parties referred to case law and the JSB Guidelines for the purposes of their respective valuations.
When delivering his opinion, Lord Carloway referred in particular to the cases of McWilliams v Caledonian Wild Foods 2004 SLT 1027 and Leebody v Liddle 2000 SCLR 495 and the words of advice proferred by Lords Johnston and Macfadyen. Lord Carloway referred to “the helpful cautionary words” from Lord Johnston in McWilliams concerning the assistance provided by past cases on solatium when he said that he did not regard decided cases of much assistance when it comes to solatium assessments which are essentially “a one off” in each particular case. In Leebody, Lord McFadyen commented on the need to take proper account of the changes in the value of money and of the risk that if guidance is sought from past awards, there “may be a tendency for the level of awards to stagnate.”
Ultimately, having regard to all the circumstances and in particular the “permanent and painful debilitating condition which the Pursuer has,” he felt the sum of £16,500 was appropriate in respect of her accident related injuries.
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Carly Forrest