SLC report on damages for personal injury

The Scottish Law Commission has today published its Report on Damages for Personal Injury which will be laid before the Scottish Parliament. The Report contains recommendations for reform of the law of damages for personal injury and a draft Bill.

The Commission says it aims to modernise, simplify and clarify the law of damages for personal injury and to seek to achieve greater fairness for those receiving an award of damages for personal injury.

The Report recommends:

• Redefining “relative” under the Administration of Justice Act 1982 to include persons accepted into family as a parent, grandparent, sibling, or grandchild of the injured person, and an ex-cohabitant of the injured person.
• For the purposes of services claims, extending section 8 of the 1982 Act to non-relatives and the introduction of a requirement for affidavit evidence to support such claims.
• Amending the law to clarify the deductibility of payments made to an injured employee from a Permanent Health Insurance scheme.
• Providing a statutory provision that an injured person is entitled to opt for private care and accommodation rather than rely on local authority provision.
• Introducing a new legislative provision to address ‘the pleural plaques time-bar problem’ by distinguishing asymptomatic asbestos-related conditions from symptomatic asbestos-related conditions.
• Changes in the application of the Children (Scotland) Act 1995 in relation to the administration of an award of damages made to a child.

It is likely that the Scottish Government will wish to carry out its own consultation in relation to the Commission recommendations and draft Bill.

Many of the recommendations the commission has suggested will affect how insurers and payers of damages need to approach the handling and settlement of their claims. BTO’s top ranked Personal Injury team can provide advice and support into all aspects of the proposed changes to the law and consultation submissions.

Contact Stephen Bryceland at sbr@bto.co.uk.