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Damages (Scotland) Act 2011
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9Transmission of relative’s rights to executor
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(1)This section applies where liability to pay damages to a relative (“R”) has arisen under section 4 or 6 but R dies.
(2)If the right to damages is vested in R immediately before R’s death that right is transmissible to R’s executor (“E”); but in determining the amount of damages payable to E by virtue of this section, the only period to which the court is to have regard is the period ending immediately before R’s death.
(3)In a case where––
(a)section 5 applies, and
(b)R died before 27th April 2007,
any right of R to damages under that section is to be taken, for the purposes of subsection (2), to have vested in R on A’s death.
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