Damages for Personal Injury

Portfolio Question Time – in the Scottish Parliament am ar 24 Ebrill 2024.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Marie McNair Marie McNair Scottish National Party

To ask the Scottish Government within what timescale it plans to respond to the Scottish Law Commission’s findings and recommendations arising from its consultation on damages for personal injury. (S6O-03338)

Photo of Siobhian Brown Siobhian Brown Scottish National Party

The Scottish Law Commission has not yet published a report following its damages for personal injury consultation. It is expected in the summer and I look forward to receiving it. When I have had time to consider any findings and recommendations, I will respond and ensure that the Parliament is aware of my response.

Photo of Marie McNair Marie McNair Scottish National Party

Does the Minister agree that the legal time bar for claims from those who are pursuing compensation because of exposure to asbestos is unjust and needs to be brought to an end? The Scottish Law Commission is likely to present recommendations on the issue in its forthcoming report, with draft legislation. Will the Scottish Government commit to urgent consideration of the commission’s work, including possible changes to the law, to allow claims to be made? Many have been denied justice at present, and that needs to be remedied as soon as possible.

Photo of Siobhian Brown Siobhian Brown Scottish National Party

The law of limitation serves an important function to ensure that legal claims are advanced quickly. Where a claim is made outwith the relevant time limit, the court can exercise its discretion to override it and allow a claim to proceed.

I will be interested to hear what the SLC has to say on this important issue. As I mentioned, I expect its report to be published this summer. I will respond to its recommendations once I have had time to consider them fully, and I will make sure that the member and Parliament are kept aware.

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