Damages (Scotland) Act in force

The Damages (Scotland) Act 2011 is now in force. It is intended to overhaul the system of obtaining damages for wrongful death – where a person suffers injury or disease as a result of the wrongful actions or omissions of another.

The new rules should speed up the legal process, and make it easier for victims, or their loved ones, to obtain a fair level of compensation.

“Prior to this Act damages were calculated using an inaccurate and complex formula. This often led to spouses receiving less damages than they should have been entitled to,” Phyllis Craig, from Clydeside Action on Asbestos, told the Scotsman. “We must ensure that the legal process is simplified and as efficient as can be in order to minimise distress. This new Act will go some way.”