Predictably unpredictable: Fatal claims in Scotland remain inconsistent and uncertain
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.
We discussed Currie in a previous update that reviewed recent fatal awards in Scotland. 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.
For further information please contact Andrew Lothian Head of Casualty and General Insurance in Scotland on 0131 474 2305
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