Lawford Kidd's Blog

Lawford Kidd's injury solicitors' blog designed to cover all areas of the law relating to accident compensation claims, injury claims and no win no fee in Scotland.

Significant Increase in Damages Awarded by Court of Session in Fatal Asbestos Claims

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.  

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1521 Hits

General damages increase ruling published

The Court of Appeal in England this week amended a ruling that would have led to an increase in general damages in most civil cases from 1st April 2013.

The general background to the case is the balanced package of measures recommended in the final report of the Review of Civil Litigation Costs produced by Lord Justice Jackson in January 2010, and due to be implemented in large part in April 2013.

Many of the Review’s recommendations have been enacted by Parliament in the Legal Aid Sentencing and Punishment of Offenders Act 2012.

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2121 Hits

Father and son sue over hospital death

A father and his eleven year old son are suing Raigmore hospital in Inverness for over £200,000 in compensation after the death of the boy's mother and the baby girl she was carrying, reports the Scotland on Sunday.

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2424 Hits

Judge allows tick bite claim to proceed

A Court of Session judge has ruled that a forestry worker can proceed with his damages claim against the Forestry Commission, reports the Scotsman.

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2036 Hits

Woman loses pool injury compensation claim

A woman who was injured after diving into a friend's swimming pool in 2006 has lost her £6million damages claim, reports the BBC.

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