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Civil Law of Damages: Issues in Personal Injury - A Consultation Paper

Civil Law of Damages: Issues in Personal Injury - A Consultation Paper

Wednesday, December 19, 2012

ISBN: 9781782562825

Consultation on aspects of the Scottish Law Commission's proposals for reform of the law on damages for psychiatric injury and the law on prescription and limitation.

Executive Summary

The consultation seeks views on aspects of the Scottish Law Commission's proposals for reform of the law on damages for psychiatric injury, the law on prescription and limitation (also known as "time bar") for actions for personal injury and a range of related issues such as the Discount Rate; Interest on Damages and Periodical Payments.

The proposals come from a series of three Scottish Law Commission reports (Damages for Wrongful Death, 2008, Damages for Psychiatric Injury, 2004, and Personal Injury Actions: Limitation and Prescribed Claims, 2007) with recommendations for reform and draft legislation on different aspects of the law on civil actions relating to damages for personal injury.

The broad principle underlying this consultation is that the law on key aspects of damages for personal injury should be modernised and simplified, particularly with regard to the criteria determining eligibility to make a claim for damages and also the timescale within which a claim should be made.