Even better to die in Scotland
Readers of the Post Magazine will be aware of an article appearing a few weeks ago in which one of the writer's partners drew attention to the marked distinction between damages payable in Scotland and in England in fatal claims with higher awards being made north of the border.
That trend continues with the coming into force today of Section 35 of the Family Law (Scotland) Act 2006. The Act, in general, makes modernising changes to family law and Section 35 seeks to carry those changes through to the awards of damages to relatives of anyone killed through fault of another. The Commencement Order makes it clear, however, by paragraph 8, that the changes do not apply to any death occurring before 4th May 2006. In other words the Act is not retrospective.
The alterations are to the definition of immediate family being the family members entitled to the lump sum award for what is still commonly termed Loss of Society despite that term being statutorily abolished! Those persons are entitled to an award to compensate for distress contemplating the deceased's suffering before death; grief and sorrow caused by the death and loss of the deceased's Society and guidance in the future.