34.Section 1(4) of the 1976 Act restricted damages under that subsection to a subset of the deceased’s relatives known as the deceased’s “immediate family”. The Act maintains a distinction between the immediate family and other relatives for this purpose. The immediate family is defined as those close relatives falling into the categories set out in paragraphs (a) to (d) of the definition of “relative” in section 14(1). Only they may claim damages under section 4(3)(b) for non-patrimonial loss as well as loss of financial support. Other relatives who do not fall within the definition of immediate family but fall into the categories set out in paragraphs (e) to (h) of section 14(1) may only claim for loss of financial support.
Damages (Scotland) Act 2011
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- Acts of the Scottish Parliament
- 2011 asp 7
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- 34 Section 1(4) of the 1976 Act restricted damages under that subsection to a subset of the deceased’s relatives known as the deceased’s “immediate family”. The Act maintains a distinction between the immediate family and other relatives for this purpose. The immediate family is defined as those close relatives falling into the categories set out in paragraphs (a) to (d) of the definition of “relative” in section 14(1). Only they may claim damages under section 4(3)(b) for non-patrimonial loss as well as loss of financial support. Other relatives who do not fall within the definition of immediate family but fall into the categories set out in paragraphs (e) to (h) of section 14(1) may only claim for loss of financial support.
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