Lawford Kidd's Blog

Two recent cases have marked a distinct increase in the amount of compensatory damages awarded in fatal cases.  

Both cases concerned section 4(3)(b) of the Damages (Scotland) Act 2011, which allows family members to claim damages for distress and anxiety, grief and sorrow, and loss of society and guidance following the death of their loved one.  

In the first case, Margaret Anne Gallagher & Others v SC Cheadle Hulme Ltd & Others, the widower received £80,000 and adult children £35,000. Importantly, a distinction was made between grandchildren - two grandchildren were awarded £35,000 each while the others were awarded £12,000 each, calculated on the basis of the closeness of relationship of the grandchildren with the deceased.  

According to figures obtained by the Scottish Conservatives under Freedom of Information legislation, councils in Scotland have paid out over £33 million to settle around 13,000 compensation claims over the past five years.

The data reveals a wide range of claims, including a man in Edinburgh who claimed £170,000 after a firework blew up in his hand; and a person in Glasgow who got their jacket caught on a bin hoist and was lifted into the air, which has so far cost £250 in legal fees.

According to the Scottish Conservatives, the actual cost is likely to be higher than the current figures indicate, as some councils failed to respond to the information request, and there are still some outstanding cases waiting to be resolved.

The Damages (Scotland) Act 2011 is now in force. It is intended to overhaul the system of obtaining damages for wrongful death - where a person suffers injury or disease as a result of the wrongful actions or omissions of another.

Castle Point Borough Council has been fined following an incident where a seven-year old girl was trapped by a water outlet at a swimming pool.

The families of children injured when a large tree branch fell on them during a school trip are suing the National Trust for damages, reports the Telegraph.