Damages (Scotland) Act 2011

2 Transmission of deceased’s rights to executor

(1) There are transmissible to a deceased person’s executor (“E”) the like rights to damages, including a right to damages for non-patrimonial loss, in respect of injuries suffered by the deceased (“A”) and vested in A immediately before A’s death, being––

(a) personal injuries, or

(b) injuries which, though not personal injuries, are––

(i) injuries to name or reputation, or

(ii) injuries resulting from harassment actionable under section 8 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.

(4) For the purposes of subsection (3) an action is not to be taken to be concluded––

(a) while an appeal is competent, or

(b) before any appeal taken is disposed of.