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.  

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.

Lawford Kidd's Derek Carrigan has recently settled a road traffic accident claim, with the global settlement for the six pursuers amounting to £700,000. This is one of the most significant settlements following the commencement of the Damages (Scotland) Act 2011, which came into force earlier this year on 7 July 2011.

To speak to Derek about pursuing a road traffic accident claim, please telephone 0131 225 5214 or email This email address is being protected from spambots. You need JavaScript enabled to view it. today.