Scotland adopts measures to protect mesothelioma victims

New legislation has been introduced in Scotland to supplement the statutory developments in England and Wales in the Compensation Act 2006 designed to improve asbestos compensation system in Scotland. The new measures highlight some of the similarities and differences that exist between the two systems of law in the field of compensation for injuries.

Under the Damages (Scotland) Act 1976 (the 1976 Act), if a person dies as a result of personal injuries their relatives may be entitled to claim damages for patrimonial loss and/or non-patrimonial loss (NPL). Patrimonial damages are those which are awarded for loss of financial support, while non-patrimonial damages are those relating to distress suffered because of the suffering of the injured person before death; to grief and sorrow suffered because of the death of injured person; and to loss of he deceased’s society and guidance. Only members of the deceased’s immediate family are able to claim damages for NPL under section 1(4) of the 1976 Act. Section 35 of the Family Law (Scotland) Act 2006 redefined the relatives of a deceased person who should be entitled to sue for NPL under the 1976 Act.