Damages (Scotland) Act 2011

  1. Introduction

  2. Summary and Background to the Act

  3. Commentary on Sections

    1. Section 1: Damages to injured person whose expectation of life is diminished

    2. Section 2: Transmission of deceased’s rights to executor

    3. Section 3: Application of sections 4 to 6

    4. Section 4: Sums of damages payable to relatives

    5. Section 5: Discharge of liability to pay damages: exception for mesothelioma

    6. Section 6: Relative’s loss of personal services

    7. Section 7: Assessment of compensation for loss of support

    8. Section 8: Further provision as regards relative’s entitlement to damages

    9. Section 9: Transmission of relative’s rights to executor

    10. Section 10: Enforcement by executor of rights transmitted under section 2 or 9

    11. Section 11: Executor’s claim not excluded by relative’s claim etc.

    12. Section 12: Limitation of total amount of liability

    13. Section 13: Amendment of section 9 of Administration of Justice Act 1982

    14. Section 14: Interpretation

  4. Parliamentary History