Scotland – Consultation on damages for wrongful death

The Scottish Government is consulting on the Civil Law of Damages: Damages for Wrongful Death.

The consultation has been developed from the recommendations made in the Scottish Law Commission’s (SLC) report on damages for wrongful death, which was published in September 2008. In January 2010, 34 MSPs voiced their support for a proposal of a Member’s Bill for damages for patients who have suffered harm or wrongful death at the hands of a doctor.

The consultation suggests that the law on damages for wrongful death should be simplified and brought up-to-date. It recommends that a Damages (Scotland) Bill is introduced, which states, amongst other measures, that:

• A policy is brought in that specifies relatives’ rights for patrimonial loss 
• Only immediate family members are entitled to claim patrimonial loss
• A fixed amount is set aside from the deceased's net income, to represent the amount that might have been spent on personal living expenses; the rest should be used to support family members.

The closing date for responses is 27 August 2010.