North of the Border: Clarification over mesothelioma awards
In Elizabeth Wolff & Others v John Moulds (Kilmarnock) & Weir Construction (2011), Lord Doherty considers recent jury and judicial awards in fatal claims and clarifies the value of section 1(4) awards in a mesothelioma claim, under the Damages (Scotland) Act 1976. These awards were previously called loss of society awards and are the Scottish equivalent of a bereavement award.
Until earlier this year, s1(4) claims for the families of victims of mesothelioma had been settling on the traditional figures of around £33 000 for widows;
£12 000 for children; £12 000 for parents
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