Whether it plans to introduce legislation so that compensation paid to the families of mesothelioma sufferers in Scotland is paid on an equ…

It is a matter for thecourts in each jurisdiction to reach a view on the appropriate level of paymentin individual cases. There are differences between the law of damages in Scotland andthat in England and Wales. In Scotland, the Damages (Scotland) Act 1976 provides that where a person dies as aresult of personal injury the deceased’s family may be entitled to claimdamages for patrimonial loss and/or non-patrimonial loss. Patrimonial damagesare awarded for loss of financial support, while non-patrimonial damages areawarded as compensation for distress and grief or for the loss of thedeceased’s society. Only the “immediate family” is entitled to sue fornon-patrimonial loss. We have recently legislated to update the list of personswho make up the deceased’s immediate family, for example to include same-sexpartners, grandparents and siblings.
There is no claim fornon-patrimonial loss in England and Wales. Instead, the Fatal Accidents Act 1976 provides foran entitlement to a bereavement claim, of fixed amounts, for a more limitedrange of relatives.
If the member has anyconcerns on specific aspects of damages law in Scotland I will be glad to hearmore about them. In the meantime, the Scottish Executive has no plans tointroduce legislation covering this area of the law.