The claimant, a 72-year-old man, was involved in an RTA in November 2004. He had a previously asymptomatic degenerative cervical spine condition with acceleration by three years causing him to suffer from pain, aching and stiffness in his neck, radiating to his right shoulder.

He was unable to indulge in his hobby of restoring classic cars, and had difficulty in turning his head when driving. He had worked in an off-licence before the accident, despite his age, and now had to reduce his working hours.

Judge Oliver Jones QC in the Walsall County Court decided that the injury fell within the 6 (A) (b), moderate (ii) of the JSB guidelines and awarded £6,000 for general damages.

Walsall County Court, 7 May 2008.

Award for scarring in beauty salon

A 55-year-old woman suffered burns during a treatment provided by a beauty salon in 2004. About four years after the accident, she had a scar on her back and suffered from self-consciousness about its visibility through her clothing.

She has gone to the salon for hot stone therapy massage treatment which involved lying down on hot stones. On getting up she became aware of a tingling sensation in her back and saw several raised and red areas. The therapist applied a cold flannel to her back.

When she arrived home, there was a large blister on the left side of her back. She took some pain relief. The defendants had disputed liability arguing that the claimant had a particularly sensitive skin and that she had failed to complete a questionnaire correctly. However, the Judge found liability.

The hypersensitivity to pain continued until about 15 months after the accident. The claimant had been unable to sit comfortably during the six weeks after the incident. The burns on her back wept profusely and subsequently became a scab. She did not go swimming as she was conscious of the scar.

The scar at the time of trial was about 4cm in diameter between the shoulder blade and the mid line on the left side. It was pale, like an old vaccination mark, surrounded by an area of skin discolouration. The medical evidence suggested that the claimant would become less self-conscious about the scar within five years of the date of the accident.

The award of general damages was £3,750.

Colchester County Court, 10 April 2008.