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.
