Sunday, June 19th, 2016

Hamish Stanger and Others v Erland Flaws and Another - Civil Jury Trial

A civil Jury Trial took place from 14th - 17th June 2016 before Lord Clark. The pursuers were the family of the deceased, who was the passenger in a vehicle involved in a head on collision.  The deceased was killed instantly.  Liability was not disputed.  The deceased was a woman aged 64 at time of death.  Claims were made by the widower (68 at the date of death and 72 at date of trial); two sons in their 40s; and three teenage grandchildren.  Claims by other relatives, including siblings of the deceased, were settled.  The range of awards given by the judge in his charge to the jury were £80,000 to £120,000 to the widower; £30,000 to £70,000 to the sons and £12,000 to £28,000 for the grandchildren.

Loss of financial support was agreed at £23,525.95 to the past and £73,608 to the future.  It was also agreed that the life expectancy of an average 72 year old man living in the UK is 15.72 years.

The actual awards for “loss of society” were as follows

To the first pursuer (the widower): £120,000 (£60,000 to the past) 

To the second pursuer (son aged 49 at trial): £50,000 (£25,000 to the past)

To his daughter (aged 13 at trial): £20,000 (£7,500 to the past)

To the fourth pursuer (son aged 46 at trial): £50,000 (£25,000 to the past)

To his 2 daughters (both mid teens): £15,000 (£7,500 to the past)

In addition, the jury made significant awards for personal services to the first pursuer for domestic assistance and to the second pursuer for childcare. Robert Milligan QC and Calum Wilson were Senior and Junior Counsel for the Pursuers.

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