Scottish Law Commission recommends review of damages for personal injury
The Scottish Law Commission has recommended changes to the law on damages for personal injury in Scotland in a new report.
Julie Harris, head of our personal injury team, commented: "The Scottish Law Commission's proposal to review aspects of the law on damages for personal injury is welcome and timeous. Certain areas of our system of compensation seem unjust and fail to reflect current-day thinking. Take for example the situation where a friend or neighbour provides gives significant time, perhaps over months or years, to helping someone with a serious injury. Currently that assistance will not be compensated in a personal injury claim. Whereas the very same help provided instead by a family member would be.
Another example is the law on time bar relating to asbestos cases. Currently, a claim in respect of a serious asbestos-related condition may be deemed time barred simply because the individual did not pursue an earlier claim for pleural plaques (which is a symptomless condition) within 3 years. Clearly this is an anomaly requiring correction.
There are many other issues, and a full review of the aspects listed by the Scottish Law Commission is something Allan McDougall Solicitors supports."
The Scottish Law Commission’s report and accompanying documents are available on their website.
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