6C1Limitation of total amount of liability.

1

Where in any action to which F1this section applies, so far as directed against any defender, it is shown that by antecedent agreement, compromise or otherwise, the liability arising in relation to that defender from the personal injuries in question had, before the deceased’s death, been limited to damages of a specified or ascertainable amount, or where that liability is so limited by virtue of any enactment, nothing in this Act shall make the defender liable to pay damages exceeding that amount; and accordingly where in such an action there are two or more pursuers any damages to which they would respectively be entitled under this Act apart from the said limitation shall, if necessary, be reducedpro rata.

2

Where two or more such actions are conjoined, the conjoined actions shall be treated for the purposes of this section as if they were a single action.

F23

This section applies to any action in which, following the death of any person from personal injuries, damages are claimed—

a

by the executor of the deceased, in respect of the injuries from which the deceased died;

b

in respect of the death of the deceased, by any relative of his F3or, if the relative has died, by the relative’s executor.