Damages for personal injury

Commissioner

Lady Paton

Team Members

Mariel Kaney, Project Manager
Adam Nimmo, 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 mid-2024.

Our Discussion Paper on Damages for Personal Injury was published on 23 February 2022.  The consultation period on the Discussion Paper ended on 30 June 2022.

The Discussion Paper covered 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 explored whether reform is needed to reflect socio-legal changes and developments.  For example, one of the issues raised is whether claims for services should continue to be restricted to “relatives”.

The Damages team is currently in the process of analysing consultee views submitted in response to the Discussion Paper and formulating policy, with the aim of publishing our findings and Report by mid-2024.

Contact

For further information, please contact Mariel Kaney at info@scotlawcom.gov.uk.