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Court of Session Offers Useful Guidance in the Assessment of Damages for Fatal Claims - Lauren Baillie, Brodies

30/10/17. In Manson v Henry Robb Ltd [2017] CSOH 126, a recent judgement from the Court of Session, Lord Clarke rejected the use of a tariff system to determine damages in fatal claims under Section 4(3) of the Damages (Scotland) Act 2011. Instead he carefully considered issues such as life expectancy, family relationships and the duration of the deceased’s suffering to determine the appropriate level of award.

In this case, the deceased died of mesothelioma ten months after diagnosis. He was 81 when he died and was survived by his widow aged 79 and his two sons aged 55 and 59. The deceased’s life expectancy, in the absence of having developed mesothelioma, was 5.8 years. The family was unusually close; the two sons had never left home and before their father’s death, had spent much of their time with their parents...

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