Damages for personal injury

Commissioner

Lady Paton

Team member

Alison Fraser, Project Manager
Hannah Renneboog, Legal Assistant

The project on damages for personal injury is Item No 7 of our Tenth Programme of Law Reform.  It is a medium-term project which we aim to complete by the end of the Programme, that is by the end of 2022.

Our Discussion Paper on Damages for Personal Injury was published on 23 February 2022.  We would very much welcome views from anyone with an interest in the issues raised by 15 June 2022 (the end of the consultation period).  We would also refer consultees to the open letter found here and ask that they respond using the response form if possible.  The news release is also attached here.  Please note that it is not essential to respond to every one of the 39 questions – we welcome responses to any or all of the questions.

The Discussion Paper covers 4 topics: the law relating to damages for services, deductions from damages, provisional damages and asbestos-related disease and management of children’s awards of damages.  In particular, it explores whether reform is needed to reflect socio-legal changes and developments.  For example, one of the issues explored is whether claims for services should continue to be restricted to “relatives”.

Consultation is critical in all of our law reform projects in order to ensure the final recommendations contained in our report would, if implemented, result in law which is just, principled, responsive and easy to understand.  Therefore, we would very much welcome your views.

Contact

The team is very happy to answer any questions that you might have on our Discussion Paper or on our project more generally.  Please email Alison.fraser@scotlawcom.gov.uk with any questions you may have.