The case involved the death of a 35 year old mother of two as a result of negligence on the part of Lanarkshire Health Board.
In the Judgement, Lord Arthurson considered loss of society claims brought on the part of the deceased’s mother, children and siblings. Loss of society is a specific head of claim which is unique to Scots Law. It provides compensation to a deceased’s relatives for the loss of that familial relationship.
The established facts of the case were the deceased’s two siblings had been estranged due to a family rift many years prior. It was clear from evidence led in the case that the deceased had a close and loving relationship with her children and mother prior to her death.
The Judge therefore awarded the mother of the deceased £100,000, the children £70,000 each and the estranged siblings £5,000 each.
This case demonstrates that when considering Loss of Society awards, the Court will look forensically at the relationship the deceased had with the surviving relative wishing to make a claim. The type of relationship the surviving relative had with the deceased prior to their death will have a direct impact on the quantification of any loss of society award.
The full judgement can be viewed here.
Related Articles
MW v Wilkinson – Driver not liable in child pedestrian accident
A tragic road traffic accident involving a 5-year-old boy resulted in serious injuries, but the court found the driver was not liable. This case highlights when drivers may – and
Atkinson v Kennedy – Driver not liable in child pedestrian case
Atkinson v Kennedy demonstrates that even in serious child pedestrian accidents, liability is not automatic. The Court held the collision was unavoidable despite the driver exceeding the speed limit.
Gadsby v Hayes | Child pedestrian toucan crossing case
A High Court case examining whether a driver should reduce speed to 10 mph at a toucan crossing. Despite serious injuries to a child pedestrian, the court found no negligence.
Is it worth 5 minutes of your time?
A quick phone call allows us to ask you a few questions about what happened to you and determine whether we can help.
This form collects your name and phone number so that we can contact you. Check out our Privacy Policy for more detail on how we store, process and protect your submitted data. If you choose not to consent, please use an alternative contact method shown on our Contact page.