Damages (Scotland) Act 2011
| Jurisdiction | Scotland |
| Citation | 2011 asp 7 |
(1) This section applies to an action for damages in respect of personal injuries suffered by a pursuer whose date of death is expected to be earlier than had the injuries not been suffered.was at any time,is, oris likely to become,(3) Subject to subsection (2) , no damages by way of solatium are recoverable by the pursuer in respect of loss of expectation of life.(4) In making an award of damages by way of solatium, the court is not required to ascribe specifically any part of the award to loss of expectation of life.(5) In assessing the amount of any patrimonial loss in respect of the period after the date of decree the court is to assume that the pursuer will live until the date when death would have been expected had the injuries not been suffered (the “notional date of death”) .the court is to estimate what (if anything) the pursuer would have earned during the lost period through the pursuer's own labour or own gainful activity had the injuries not been suffered,the court may, if it thinks fit, add to the amount so estimated (whether or not that amount is nil) an amount equivalent to all or part of what it estimates the pursuer would have received by way of relevant benefits during the lost period had the injuries not been suffered, andthe court is then to deduct, from the total amount obtained by virtue of paragraphs (a) and (b) , 25% of that amount (to represent what would have been the pursuer's living expenses during the lost period had the injuries not been suffered) .(7) But, if satisfied that it is necessary to do so for the purpose of avoiding a manifestly and materially unfair result, the court may apply a different percentage to that specified in subsection (6) (c) .derived from the pursuer's own estate, orconsisting of such earnings as are mentioned in paragraph (a) of that subsection.personal injuries, orinjuries to name or reputation, orinjuries resulting from harassment actionable under section 8F1or section 8A of the Protection from Harassment Act 1997 (c.40) .(2) The “like rights” mentioned in subsection (1) do not include any right to damages by way of compensation for patrimonial loss attributable to any period after the date of death; and in determining the amount of damages for non-patrimonial loss payable to E by virtue of this section, the only period to which the court is to have regard is that ending immediately before A's death.(3) In so far as a right to damages vested in A comprises a right to damages for non-patrimonial loss in respect of such injuries as are mentioned in sub-paragraph (i) of subsection (1) (b) , that right is transmissible to E only if an action to enforce the right is brought by A and is not concluded before A's death.while an appeal is competent, orbefore any appeal taken is disposed of.(a) gives rise to liability to pay damages to A (or to A's executor) , or(b) would have given rise to such liability but for A's death.to any relative of A who is a member of A's immediate family, such sums of damages as are mentioned in paragraphs (a) and (b) of subsection (3) ,to any other relative of A, such sum of damages as is mentioned in paragraph (a) of that subsection.is excluded or discharged, whether by antecedent agreement or otherwise, by A before A's death, oris excluded by virtue of an enactment.such sum as will compensate for any loss of support which as a result of the act or omission is sustained, or is likely to be sustained, by the relative after the date of A's death together with any reasonable expenses incurred by the relative in connection with A's funeral, anddistress and anxiety endured by the relative in contemplation of the suffering of A before A's death,grief and sorrow of the relative caused by A's death,the loss of such non-patrimonial benefit as the relative might have been expected to derive from A's society and guidance if A had not died.(4) The court, in making an award under paragraph (b) of subsection (3) is not required to ascribe any part of the award specifically to any of the sub-paragraphs of that paragraph.a relative of A is a member of A's immediate family if the relative falls within any of paragraphs (a) to (d) of the definition of “relative” in section 14(1) ,paragraphs (a) (i) and (b) of section 14(2) are to be disregarded.
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