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PI Brief Update

Predictably Unpredictable: Fatal Claims in Scotland Remain Inconsistent and Uncertain - Andrew Lothian, DWF

13/12/15. Young v MacVean, Inner House, Court of Session, 29 September 2015. It had been thought that Currie v Esure (2014) might operate as benchmark for awards in fatal cases in Scotland. That hope for clarity has however been set back by yet another fatal award which has introduced further uncertainty. The recent Inner House (appeal court) decision of Young v MacVean (2015), on almost identical facts, upheld an award nearly double that in Currie.

Background

In Currie the parents of a 25 year old man were each awarded £42,000, and their appeal against that award failed. In Young, the award to the mother of a 26 year old man was £80,000 was upheld on appeal. Clearly the two positions appear inconsistent...

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.