0141 333 6750
Call us now on 0141 333 6750

road traffic accidents pi

Law Commission to Review Damages for Personal Injury

The Scottish Law Commission recently announced that its Tenth Programme of Law Reform will include a project on damages for personal injury

The project will look at the Administration of Justice Act 1982, Part II, which deals with (a) awards of damages in relation to services; (b) deduction from damages of specified benefits; and (c) awards of provisional damages.

The Commission says it intends to review each of these issues to take account of contemporary circumstances, and in particular:

  • Awards of damages for services are currently restricted to ‘relatives’. The Commission thinks that consideration needs to be given to whether the current definition of ‘relative’ remains appropriate and whether that general restriction should continue to apply.
  • The law in Scotland and in England differs on the items deductible from damages. This has generated uncertainty in some areas, such as the deductibility of private health insurance and residential care costs, the quantum of which may be very substantial.
  • How provisional damages operate in cases where the full extent of a person’s injury emerges only after a substantial period of latency. This is important in order to make sure that that claims are brought without undue delay but, at the same time, that pursuers are not under-compensated owing to the need to raise proceedings before the full circumstances of their injury can properly be appreciated.

In addition, the review will look at whether arrangements need to be put in place to protect awards of damages made to children; there have been instances where parents or guardians have sought to exploit a child’s misfortune for financial gain, says the Commission.

Contact Us

For expert legal advice on personal injury compensation claims then contact our specialist personal injury lawyers today.

Contains public sector information licensed under the Open Government Licence v3.0.


Employers Urged to Protect Employees from Asbestos...
Inquiry into Working at Height


Already Registered? Login Here
No comments made yet. Be the first to submit a comment


Talk to our claims solicitors

Invalid Input
Invalid Input
Invalid Input
Invalid Input
Invalid Input
Invalid Input
Please tick (spam test)
Invalid Input

Dallas McMillan helped me with my accident claim and were very supportive throughout the process and yielded positive results.

Contact our Personal Injury Solicitors in Glasgow City Centre

Based in Glasgow, our leading Scottish Personal Injury Solicitors can advise on all aspects of your claim. We offer a no-win no-fee service. Contact us today on
0141 333 6750 or, alternatively, complete our online enquiry form

“I would like to thank you for all of the advice and assistance you have given me with my accident at work claim”
Mr C, Aberdeen