Part II

Damages for Personal Injuries Etc.—Scotland

Services rendered to injured person.
8
1
Where necessary services have been rendered to the injured person by a relative in consequence of the injuries in question, then, unless the relative has expressly agreed in the knowledge that an action for damages has been raised or is in contemplation that no payment should be made in respect of those services, the responsible person shall be liable to pay to the injured person by way of damages such sum as represents reasonable remuneration for those services and repayment of reasonable expenses incurred in connection therewith.
2
The injured person shall be under an obligation to account to the relative for any damages recovered from the responsible person under subsection (1) above.
3
Where, at the date of an award of damages in favour of the injured person, it is likely that necessary services will, after that date, be rendered to him by a relative in consequence of the injuries in question, then, unless the relative has expressly agreed that no payment shall be made in respect of those services, the responsible person shall be liable to pay to the injured person by way of damages such sum as represents—
a
reasonable remuneration for those services; and
b
reasonable expenses which are likely to be incurred in connection therewith.
4
The relative shall have no direct right of action in delict against the responsible person in respect of any services or expenses referred to in this section.
S. 8(2)–(4) substituted (1.3.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 69(1); S.I. 1991/330, art. 3
Pt. II (ss. 7–14) modified by Consumer Protection Act 1987 (c. 43, SIF 109:1), ss. 6(1)(d), 41(2), 47(1)(2)
Pt. VI applies to Scotland only to the extent specified in s. 48