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Damages (Scotland) Act 1976 (repealed), Section 9 is up to date with all changes known to be in force on or before 02 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This section applies to any action for damages in respect of personal injuries sustained by the pursuer where his expected date of death is earlier than it would have been if he had not sustained the injuries.
(2)In assessing, in any action to which this section applies, the amount of any patrimonial loss in respect of the period after the date of decree—
(a)it shall be assumed that the pursuer will live until the date when he would have been expected to die if he had not sustained the injuries (hereinafter referred to as the “notional date of death”);
(b)the court may have regard to any amount, whether or not it is an amount related to earnings by the pursuer’s own labour or other gainful activity, which in its opinion the pursuer, if he had not sustained the injuries in question, would have received in the period up to his notional date of death by way of benefits in money or money’s worth, being benefits derived from sources other than the pursuer’s own estate;
(c)the court shall have regard to any diminution of any such amount as aforesaid by virtue of expenses which in the opinion of the court the pursuer, if he had not sustained the injuries in question, would reasonably have incurred in the said period by way of living expenses.
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