Lawford Kidd's Blog

Two recent cases have marked a distinct increase in the amount of compensatory damages awarded in fatal cases.  

Both cases concerned section 4(3)(b) of the Damages (Scotland) Act 2011, which allows family members to claim damages for distress and anxiety, grief and sorrow, and loss of society and guidance following the death of their loved one.  

In the first case, Margaret Anne Gallagher & Others v SC Cheadle Hulme Ltd & Others, the widower received £80,000 and adult children £35,000. Importantly, a distinction was made between grandchildren - two grandchildren were awarded £35,000 each while the others were awarded £12,000 each, calculated on the basis of the closeness of relationship of the grandchildren with the deceased.  

Lawford Kidd are delighted to report that we have been successful in securing compensation for an employee injured in a fall at work. The pursuer, our client, was employed by Advanced Stairlifts and was tasked with measuring the dimensions of a client's stairwell. Our client was given unsuitable equipment. She had to overextend to use the equipment properly and, as a result she slipped and fell on to the next step, injuring herself. She sued her former employers and we succeeded in recovering compensation for her.

Our client was awarded £2500 compensation. Read the full case here. If you have been injured in a slip or fall at work or a fall from height, we can help you claim 100% compensation for your injuries. We make sure you keep every penny of the compensation because we recover our costs from the other side. If, as in this case, the other side is your employer, don't worry - their insurance provider pays so your job isn't at risk. Contact us today for more information.

In the recent case of Joseph McCarn and Others v The Secretary of State for Business, Innovation and Skills [2014] CSOH 121, the Court of Session has provided guidance on fatal awards in Scotland.

The children of the late Mr McCarn, who died in 2009, aged 69, from mesothelioma due to asbestos exposure during the course of his employment in the shipbuilding industry raised a claim under section 4(3)(b) of the Damages (Scotland) Act 2011 - which allows for compensation to be awarded to relatives for loss of financial support, distress and anxiety, grief and sorrow, and loss of ‘society and guidance’.

In making the decision, Lord Bannatyne referred to the case of Hamilton v Ferguson Transport, but disagreed with the proposition made in that case that there must be a pattern in jury awards before a judge can attach weight them. Instead, Lord Bannatyne considered the unreported case of Kelly v UCS from 29 July 2012, a decision that was reached using a completely different approach to other recent cases.  

In a judgment delivered last week, Lord Woolman awarded three grandchildren significant damages for the death of their grandfather, Russell Stuart.

In 2011, Mr Stuart died of injuries sustained in a car accident in Aberdeen. Although the personal injury claims of his widow and three adult children were settled, no agreement could be reached about claims made on behalf of his three grandchildren, two of whom were aged 5 and 3 at the time of the accident, and another not born until five months after the accident.

In the case (Stuart & Ors v Reid [2014] CSOH 117A), the woman driving the car and her insurance company contended that the two older grandchildren receive £4,000 each and the youngest £2,000, while Mr Stuart's family sought £25,000 for each child. The court found a middle ground between the proposed amounts, although admittedly far more in favour of the grandchildren.

A cigarette company in America has been ordered by the court to pay compensation amounting to around £13.8 billion to a widow after her husband, who was a smoker, died of lung cancer, reports the BBC.

In addition to the award of punitive damages, she has also been awarded compensatory damages of £9.8 million.

Cynthia Robinson claimed that the company had been negligent by failing to properly inform customers about the risks associated with smoking tobacco.