Summary and Background to the Act
3.The Act seeks to implement the Scottish Law Commission’s (“the Commission”) Report on Damages for Wrongful Death (“the Report”)(1), which was published on 30 September 2008.
4.Where a person suffers injury or disease as a result of the wrongful actions or omissions of another, the victim has a right, under the common law of delict, to claim damages from the wrongdoer. The Damages (Scotland) Act 1976 (“the 1976 Act”), as amended––
5.The general purpose of the Damages (Scotland) Act 2011 is to repeal and re-enact with certain amendments the 1976 Act.
6.The 2011 Act is structured differently from the 1976 Act. It deals first with the rights of the victim (section 1) and the extent to which those rights transmit to an executor (section 2), before moving on to deal with the rights of relatives (sections 3 to 8) and the extent to which those rights transmit to a relative’s executor (section 9). Further provision is made in relation to rights transmitted to executors (section 10). The remaining provisions are of a general nature.