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.  

The Court of Appeal in England this week amended a ruling that would have led to an increase in general damages in most civil cases from 1st April 2013.

The general background to the case is the balanced package of measures recommended in the final report of the Review of Civil Litigation Costs produced by Lord Justice Jackson in January 2010, and due to be implemented in large part in April 2013.

Many of the Review’s recommendations have been enacted by Parliament in the Legal Aid Sentencing and Punishment of Offenders Act 2012.

A Court of Session judge has ruled that a forestry worker can proceed with his damages claim against the Forestry Commission, reports the Scotsman.

A woman who was injured after diving into a friend's swimming pool in 2006 has lost her £6million damages claim, reports the BBC.

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.