Hamilton v Ferguson Transport (Spean Bridge) Ltd and Thomson v Dennis Thomson Builders Ltd

Blog by Fergus Thomson

I would like to share the link below which describes the decision on the appeals in the cases of Hamilton v Ferguson Transport (Spean Bridge) Ltd; and Thomson v Dennis Thomson Builders Ltd. Both cases involved claims for loss of society following a fatal accident under 1(4) of the Damages (Scotland) Act 1976 (as amended).

The appeals related to the amount of damages awarded by juries. In both cases the appeals were successful and defenders’ motions for a new jury trials were granted. Of particular interest is paragraph [76] where the Lord President comments on the current absence of judicial guidance to juries of appropriate levels of damages and suggests this should be changed.

http://www.scotcourts.gov.uk/

 

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