The much-anticipated Damages (Investment Returns and Periodical Payments) (Scotland) Bill has now been introduced into the Scottish Parliament. It aims to introduce a transparent methodology for setting the discount rate to be applied to future losses in personal injury claims. This reflects the terms of the Civil Liability Bill currently proceeding through the UK Parliament.
The Damages Bill will also grant power to the courts to impose periodical payment orders for future losses. Currently in Scotland, unlike in England, they can only be granted if both parties consent. A full analysis of the Bill will follow in next month’s Legal Watch Scotland due out in mid-July.