Easdon v. A Clarke & Company (Smithwick) Ltd

[1] In this action the pursuer seeks damages in the sum of �8,000,000 for injuries sustained in a road accident on or about 4 July 2003 . The action, to which chapter 43 of the Rules of Court applies, is defended both on liability and quantum. The pursuer, by motion, seeks issues. That motion is opposed, albeit only in respect of certain questions said to arise from the damages claim.

[2] After the motion was part heard, the pursuer sought, and was granted, leave to amend the Record in terms of a Minute of Amendment (and Answers for the defenders). In addition, at the continued hearing, senior counsel on his behalf sought, and was granted, leave to make certain further amendments at the bar (consisting mainly of some deletions). For present purposes I do not propose to rehearse the changes made, and shall proceed on the basis of the pleadings as they now stand.

By way of summary the heads of claim are detailed as solatium, past loss of earnings, future loss of earnings, section 8 services, section 9 services, accommodation expenses, the purchase and renewal of specialist equipment, loss of pension rights, care and nursing costs and fertility treatment costs.

"The defenders understand that Lanarkshire Health Board contributed up to �150 a week towards Mr Easdon's care package. The Independent Living Fund contributes �358.90 per week and the Department of Social Security �237.60 per week."

[11] Some of the points originally made by senior counsel were, it seems, well founded, and were answered in the course of the amendment procedure. As to what remained it became clear in the course of submissions that if the statement of valuation could be taken account of in this connection, the defenders would not seek to maintain their argument on lack of specification. The issue thus narrowed to an important point of apparent general application.