Search Legislation

Damages (Scotland) Act 2011

Section 9: Transmission of relative’s rights to executor

58.Section 9 re-enacts section 1A of the 1976 Act.

59.Subsection (1) provides that section 9 applies where a relative (“R”) who has a right to damages under section 4 or 6 dies before that claim can be resolved.

60.Subsection (2) provides that any right to damages under section 4 or 6 that was vested in R immediately before R’s death, will transmit to the relative’s executor (“E”). However, the executor can only pursue the claim for damages up to R’s date of death. Damages are not payable for future loss as R’s death would have brought to an end the support that R received in any case. Similarly, the grief and suffering felt by R is taken to end with R’s death.

61.Subsection (3) re-enacts section 1(4) of the 2007 Act. It makes special provision for transitional cases involving the relatives of mesothelioma sufferers. The 2007 Act came into force on 27 April 2007. However, the exception that it introduced (see commentary on section 5 above) was intended to apply where both the victim’s discharge of liability and the victim’s death occurred on or after 20 December 2006. As a result, the 2007 Act contained a transitional provision at section 1(4). Section 1(4) provides that, where R would have had rights to damages but died in the period between the victim’s death and the coming into force of the Act, the rights in question were to be taken to have vested in R as at the victim’s date of death. In this way, the rights would be deemed to have vested in R before R’s death and accordingly they could transmit to R’s executor. Subsection (3) re-enacts this provision because there could still be cases where such a deceased relative’s executor had not yet raised an action for damages.

Back to top

Options/Help

Print Options

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources