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You are here: BAILII >> Databases >> Scottish Law Commission >> Scottish Law Commission (Reports) >> Report on Damages for Personal Injury (Report No. 266) URL: http://www.bailii.org/scot/other/SLC/Report/2024/SLC266.image16.html |
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(1) Section 8 of the Administration of Justice Act 1982 is amended as follows.
(2) In subsection (1)—
(a) for “a relative” substitute “another individual”,
(b) for second “relative” substitute “individual”.
(3) In subsection (2), for “relative” substitute “individual”.
(4) In subsection (3)—
(a) for “a relative” substitute “another individual”,
(b) for second “relative” substitute “individual”.
(5) After subsection (3), insert—
“(3A) The responsible person is not liable as mentioned in subsection (1) or (3) in respect of services rendered if the services are rendered (either or both)—
(a) by a person who has a contractual right to payment in respect of the rendering of the services, or
(b) in the course of an individual’s business, profession or vocation.”.
(6) In subsection (4), for “relative” substitute “other individual mentioned in subsection (1) or, as the case may be, (3)”.
NOTE
Section 2 implements recommendations 3 and 4, by extending the class of persons who are entitled to damages under section 8 of the Administration of Justice Act 1982. Section 8 allows damages to be recoverable for necessary services provided to the injured person.
Subsections (2) to (4) and (6) amend section 8 of the 1982 Act to remove references to a “relative” and replace with an “individual”. This allows non-relatives to be compensated for (i) necessary services provided to the injured person as a consequence of their injury and (ii) necessary services that will be required to be provided in the future to the injured person as a consequence of their injury. The new reference to an “individual” captures modern support structures, where, alongside family members, friends and neighbours may also assist with the provision of services (see paragraph 2.56 of the Report).
Subsection (5) inserts new subsection (3A) to the 1982 Act and creates an exception whereby the defender will not be liable to compensate an individual for certain necessary services (i.e. in circumstances involving a contractual right to payment, or a business, profession, or vocation).