Damages for personal injury


Lady Paton

Team member

Mariel Kaney, Project Manager
Shy Zvouloun, 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 pin 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.


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 Mariel.Kaney@scotlawcom.gov.uk with any questions you may have.