Search Legislation

Damages (Scotland) Act 2011

Status:

This is the original version (as it was originally enacted).

4Sums of damages payable to relatives

This section has no associated Explanatory Notes

(1)B is liable under this subsection to pay––

(a)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),

(b)to any other relative of A, such sum of damages as is mentioned in paragraph (a) of that subsection.

(2)But, except as provided for in section 5, no such liability arises if the liability to pay damages to A (or to A’s executor) in respect of the act or omission––

(a)is excluded or discharged, whether by antecedent agreement or otherwise, by A before A’s death, or

(b)is excluded by virtue of an enactment.

(3)The sums of damages are––

(a)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, and

(b)such sum, if any, as the court thinks just by way of compensation for all or any of the following––

(i)distress and anxiety endured by the relative in contemplation of the suffering of A before A’s death,

(ii)grief and sorrow of the relative caused by A’s death,

(iii)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.

(5)For the purpose of subsection (1)(a)––

(a)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),

(b)paragraphs (a)(i) and (b) of section 14(2) are to be disregarded.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

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
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. 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
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources