The status of guidance on quantum for the jury in civil trials

At the close of evidence, Lord Tyre invited counsel to address him on the appropriate range for solatium. Counsel for the pursuer submitted that the guidance to the jury should be of the widest possible range, the top level being twice the highest JSC Guideline that could be argued to be applicable. Counsel for the defenders relied on a much narrower range. In his directions, Lord Tyre gave the jury guidance that previous cases and the JSC Guidelines indicated solatium in the range of £25,000 to £40,000.

About an hour after the jury retired, counsel for the pursuer sought to lodge a Note of Exception to the range given by Lord Tyre in his direction. Lord Tyre refused to record and certify the Note on the basis that it had not been given immediately on conclusion of his directions to the jury, as required by the Rules of Court.

Of some significance to practitioners, Lord Tyre also held that the proposed exception did not relate to a direction on a point of law and was therefore not competent in any event. The guidance given to the jury was non-binding and was a spectrum for their assistance only.

In the event, the jury awarded solatium of £32,500 with a finding of 85 per cent contributory negligence. The pursuer failed to beat the tender of £15,000.

The pursuer was represented by Craig Allardice and Alex Price-Marmion, of Arnot Manderson Advocates, instructed by Glen Millar of Thompsons. The defenders were represented by Craig Murray, of Compass Chambers, instructed by Lyndsey McLean of DAC Beachcroft.