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Damages (Scotland) Act 2011

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This is the original version (as it was originally enacted).

8Further provision as regards relative’s entitlement to damages

This section has no associated Explanatory Notes

(1)Subject to subsection (3), in assessing for the purposes of section 4 or 6 the amount of any loss of support sustained by a relative of A no account is to be taken of––

(a)any patrimonial gain or advantage which has accrued or will or may accrue to the relative, by way of succession or settlement, from A or from any other person, or

(b)any insurance money, benefit, pension or gratuity which has been, or will or may be, paid as a result of A’s death.

(2)In subsection (1)––

  • “benefit” means benefit under the Social Security Contributions and Benefits Act 1992 (c.4) or the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c.7) and any payment by a friendly society or trade union for the relief or maintenance of a member’s dependants,

  • “insurance money” includes a return of premiums, and

  • “pension” includes a return of contributions and any payment of a lump sum in respect of a person’s employment.

(3)Where A has been awarded a provisional award of damages under section 12(2) of the Administration of Justice Act 1982 (c.53), the making of that award does not prevent liability from arising under section 4(1); but in assessing for the purposes of section 4 or 6 the amount of any loss of support sustained by a relative the court is to take into account such part of the provisional award relating to future patrimonial loss as was intended to compensate A for a period beyond the date on which A died.

(4)In order to establish loss of support for the purposes of section 4 or 6, it is not essential for a relative to show that A was, or might have become, subject to a duty in law to provide support for, or contribute to the support of, the relative; but if any such fact is established it may be taken into account in determining whether, and if so to what extent, A would (had A not died) have been likely to provide, or contribute to, such support.

(5)Except as provided for in this Act or in any other enactment, no person is entitled by reason of relationship to damages in respect of the death of another person.

(6)In subsection (5), “damages” includes damages by way of solatium.

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