Digby Brown granted urgent appeal of Lord Brodie decision

Woman getting advice from solicitor

Digby Brown have confirmed they are appealing Lord Brodie’s decision on whether the court can apply an alternative discount rate when assessing future losses after being successful in a motion for an urgent disposal of the appeal last Friday (26th October).

As a result, the appeal will be heard on 18th and 19th December 2012. 

Digby Brown have welcomed the court’s decision to grant urgent disposal, noting that it indicates that the courts share the firm’s view of the importance of the issue, which has potential implications for pursuers who have claims for future losses in Scotland.

Moira Kay, Digby Brown Partner in its Serious Injury Department said “We are glad that the court has agreed to the urgent disposal of the reclaiming motion.  Not only is it important to Mr Tortolano, but it will also provide clarity as to the law on this particular subject, which is important for other pursuers who will suffer substantial future losses.”

Background information
ANTHONY STEPHEN TORTOLANO v OGILVIE CONSTRUCTION LIMITED, with Mr Tortolano being represented by Digby Brown Solicitors.  This landmark case surrounds a young man who acquired a brain injury after an accident in the workplace at the age of 19. If successful, his loss of future earnings and the cost of his future care and support will be in the millions of pounds and could be significantly affected by the rate applied.  For example, a rate of 0.5% opposed to the current 2.5% discounted rate would increase his damages for loss of future earnings by over £600,000.

About Moira Kay

Moira Kay is a Litigation Partner and leads Digby Brown’s Serious Injury department.  She has a specialist interest in cases involving brain and spinal injury.  Moira provides a legal counselling service for Spinal Injuries Scotland, BIRT at Graham Anderson House in Glasgow and at Huntercombe Neurodisability and is an accredited Senior Litigator of the Association of Personal Injury Lawyers.

Further Reading
‘Payouts for serious injury 'in danger of running out early', first published in The Scotsman newspaper on Thursday 11th October 2012 by Gareth Rose following Lord Brodie’s decision earlier this month View here

Brian Fitzpatrick, Advocate and personal injury solicitor with Ampersand Stable, ‘Insult added to catastrophic injury’, published 22nd October in The Scotsman, http://www.scotsman.com/news/brian-fitzpatrick-insult-added-to-catastrophic-injury-1-2591268