Shaher v British Aerospace Flying College Ltd
| Jurisdiction | Scotland |
| Judgment Date | 29 May 2003 |
| Docket Number | No 45 |
| Date | 29 May 2003 |
| Court | Court of Session (Inner House - Extra Division) |
EXTRA DIVISION
Lord Wheatley
Reparation - Loss of society - Quantum - Disparity between awards of damages made by judges and juries - What was appropriate level of damages
A student died in a flying accident while undergoing training with the defenders. The student's parents raised an action forinter alia damages for loss of society. The Lord Ordinary referred to current jury awards and awarded them 35,000 each under that head. However, he did not specify which jury awards he had in mind, nor make reference to certain judicial awards to which he had been referred. The pursuers reclaimed.
Held that: (1) the Lord Ordinary had given insufficient reasons for his decisions, and the matter of quantum could be consideredde novo (p 541F); (2) there was a huge gulf not only between the level of judicial awards and the level of two recent jury awards in respect of loss of an adult child but between the level of judicial awards and the level of recent jury awards so far as bereavement generally was concerned (p 542F); (3) the court is encouraged to look for guidance to jury as well as judicial awards of damages (p 542G); (4) the philosophy that the assessment of damages is first and foremost a matter for a jury gave awards of damages their essential legitimacy, and these awards should reflect the expectations of society rather than be simply an invention of the legal profession (p 543A-B); (5) in respect of loss of society, jury awards in recent years showed that judges had become out of touch with jury awards, but future jury awards might disclose a different pattern which in the end might become more reliable, and the sum awarded by the court should not be seen as set in stone or as setting a tariff (p 543E); (6) in the present case a fair and proper award to each parent would be 20,000 (p 543E-F); and appealallowed.
MOHAMMED ALI SHAHER and others brought an action for damages against British Aerospace Flying School. The case called before the Lord Ordinary (Wheatley) who, on 28 May 2002, made certain awards in respect of damages. The pursuer appealed to the Court of Session.
Cases referred to:
Devlin v Strathclyde Regional Council 1993 SLT 699
Donald v Strathclyde Passenger Transport Executive 1986 SLT 625
Girvan v Inverness Farmers DairySC 1998 SC (HL) 1
Jarvie v Sharp 1992 SLT 350
Kempton v British Railways Board, 18 May 1993, unreported
McIntosh v Findlay 2001 Rep LR 66
McManus' Executrix v Babcock Energy LtdSC 1999 SC 569
Strang v Le Brusq 2001 Rep LR 52
Wells v Hay 1999 Rep LR 44
The cause called before an Extra Division, comprising Lord Marnoch, Lord Abernethy and Lord Johnston for a hearing on the summar roll.
At advising, on 29 May 2003, the opinion of the Court was delivered by Lord Marnoch -
OPINION OF THE COURT - [1] This is a reclaiming motion which is now insisted in only in respect of the Lord Ordinary's assessment of what, for ease of reference, I shall term the bereavement or 'loss of society' claims advanced by the first and second pursuers and respondents under and in virtue of sec 1(4) of the Damages (Scotland) Act 1976 as amended.
[2] The...
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