(191) Reform of the law of damages
On 8 August 2002 the Scottish Law Commission published its Report on Title to Sue for Non-Patrimonial Loss (Scot Law Com No 187). The repoprt proposes the extension of the list of persons entitled to claim damages for their grief and distress following the death of another caused by a third person’s delictual conduct. Under the Damages (Scotland) Act 1976 the list covers the spouse or opposite-sex cohabitant, natural parent and child of the deceased and also includes relationships through affinity (marriage) and half (but not full) siblings. The Commission proposes extension to same-sex cohabitants, adoptive, and other persons in the position of, parents and children, siblings and grandparents and grandchildren; while relations by affinity should be excluded.
The Commission also issued a Discussion Paper (no 120) on Damages for Psychiatric Injury on 13 August 2002. Both documents may be viewed at the Commission website, http://www.scotlawcom.gov.uk.