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Damages Bill

Another Bill included in the 2013-14 legislative programme is the Damages Bill.

The Scottish government has expressed a commitment to reform the law of damages for personal injury and, in particular, the limiting factors in relation to making a claim and the time period within which a claim can be brought. In December 2012 the Government consulted on various aspects of damages for personal injury. The consultation’s outcome shaped the content of the Damages Bill. The provisions of the Bill include:

  • A provision to extend the time limit for bringing a claim for damages for personal injury. The current 3 year time bar period for personal injury claims is likely to be extended to 5 years.

  • A non-exhaustive list of factors for the court to consider when deciding whether to allow a case to be pursued after the claim has time barred.

  • A provision to allow the court at the conclusion of a case to order a periodical payment order, rather than a lump sum award of damages, without the consent of the parties. At present, both parties must agree to a periodical payment order being made.

By Catherine Hart

This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.