Purdie v William Allan & Sons
| Jurisdiction | Scotland |
| Judgment Date | 09 June 1949 |
| Date | 09 June 1949 |
| Docket Number | No. 52. |
| Court | Court of Session (Inner House - Second Division) |
2ND DIVISION.
ReparationDamagesDelictPersonal injuriesSum awarded alleged to be excessiveReview where award by Judge or Sheriff.
In an action for damages for injuries sustained in a motor accident the pursuer claimed 1000 made up of specific items totalling 506, 15s. and solatium of 493, 5s. The Sheriff-substitute, without indicating how he assessed damages, awarded 900. On appeal to the Court of Session, it was held that the pursuer had proved specific items of loss amounting to 350.
Observed, in reducing the award of damages to 650, that, although a Judge or Sheriff has a discretion in the matter of damages which will not lightly be interfered with, he does not receive the same latitude from a Court of appeal as a jury, because he is capable of explaining the grounds upon which he proceeded and is expected to do so.
William Dougal Purdie brought an action in the Sheriff Court at Edinburgh against William Allan & Sons, in which he claimed 1000 damages in respect of injuries suffered in a collision between the pursuer's motor car and a motor omnibus owned by the defenders and driven by one of their servants.
With regard to damages, the pursuer averred:(Cond. 7) "As a result of the negligence of the defenders' servant as hereinbefore condescended upon the pursuer sustained the following injuries:compound fracture of his left leg, his left knee was severely injured and he also sustained injuries to his head and face, which were bruised and lacerated. His chest and body were crushed and bruised. His hands were cut and bruised, and he sustained a severe nervous shock." (Cond. 8) "He was rendered incapacitated from employment from 29th June 1946 to 10th March 1947, a period of thirty-seven weeks, and incurred a loss of earnings totalling 185. He is not yet fully recovered from his injuries, which were severe and permanent. His watch valued at 5 was damaged beyond repair. His incurred charges for the garaging of his damaged car amount to 16, 15s. The value of his car, which was a total loss, amounted to 250. The pursuer also estimates that he suffered loss of use of said car amounting to 50. The pursuer claims 493, 5s. by way of solatium. The sums hereinbefore referred to amount in cumulo to 1000."
On 20th October 1948 the Sheriff-substitute (Gilchrist, K.C.), after hearing proof, found the defenders liable in damages, which he assessed at 900. In his note he gave no indications of how he arrived at that figure.
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Young v MacVean
...and clearly excessive, the Lord Ordinary’s award was accordingly amenable to review by this court: Purdie v William Allan & Sons Ltd 1949 SC 477, Butler v Adam Lynn Ltd 1965 SC 137, Currie v Esure Services Ltd. It was impossible not to feel sympathy for the pursuer in the present case but r......
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Stuart Campbell Against Kezia Dugdale
...2019 SLT 449. A judge made award was not entitled to the same degree of circumspection as a jury award (Purdie v William Allan & Sons 1949 SC 477 at 480). Defender [28] The defender replied that the sheriff had correctly applied the defence of fair comment. There was no material difference ......
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Campbell v Dugdale
...(No 1) [2013] CSIH 14; 2013 SC 343; 2013 SLT 373 Massie v McCaig (No 2) [2013] CSIH 37; 2013 GWD 15–310 Purdie v William Allan & Sons Ltd 1949 SC 477; 1950 SLT 29; 1949 SLT (Notes) 35 Sheridan v News Group Newspapers Ltd [2016] CSIH 67; 2017 SC 63; 2016 SLT 941; 2017 SCLR 576 Stocker v Stoc......
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Dickson v National Coal Board
...596. 10 1933 S. C. 30. 11 1951 S. C. 741, at p. 745. 12 Reference was made to Sands v. DevanSC, 1945 S. C. 380; Purdie v. Allan & SonsSC, 1949 S. C. 477;Kelly v. Glasgow CorporationSCSC, 1949 S. C. 496, 1951 S. C. (H. L.) 15; and M'Leish v. Fulton & SonsSC, 1955 S. C. 1 1951 S. C. 741, Lord......