Executive to widen loss of family claims
23 Nov 05
Same-sex partners, grandparents and siblings to win right to seek damages in death actions
The Scottish Executive has proposed an amendment to the Family Law (Scotland) Bill expanding the definition of immediate family for the purposes of compensation payments.
The Damages (Scotland) Act 1976 currently defines immediate family as a remaining spouse, opposite-sex cohabitant, parent, stepparent or stepchild, parent-in-law or child-in-law or any person who was accepted by the deceased as a child of his/her family. The amendment seeks to include same-sex partners, grandparents, grandchildren and siblings.
Deputy Justice Minister Hugh Henry said: "The shape of families in Scotland is changing. It is time to update the law to ensure that the family members closest to the deceased have their relationships recognised.
"We are seeking to ensure that if a person is, for example, killed as a result of dangerous driving, those with close emotional ties have the right to seek damages."
The amendments reflect recommendations of the Scottish Law Commission in a report in 2002.