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Damages (Scotland) Act 1993

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This is the original version (as it was originally enacted).

3Transmissibility to executor of deceased’s right to solatium for his injuries

For section 2 of the 1976 Act there shall be substituted the following section—

“2Rights transmitted to executor in respect of deceased person’s injuries

(1)Subject to the following provisions of this section, there shall be transmitted to the executor of a deceased person the like rights to damages in respect of personal injuries (including a right to damages by way of solatium) sustained by the deceased as were vested in him immediately before his death.

(2)There shall not be transmitted to the executor under this section a right to damages by way of compensation for patrimonial loss attributable to any period after the deceased’s death.

(3)In determining the amount of damages by way of solatium payable to an executor by virtue of this section, the court shall have regard only to the period ending immediately before the deceased’s death.

(4)In so far as a right to damages vested in the deceased comprised a right to damages (other than for patrimonial loss) in respect of injury resulting from defamation or any other verbal injury or other injury to reputation sustained by the deceased, that right shall be transmitted to the deceased’s executor only if an action to enforce that right had been brought by the deceased before his death and had not been concluded by then within the meaning of section 2A(2) of this Act.”.

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