Remedies

Question 1

what are the two types of loss that can be claimed?

Answer 1

solatium loss or patrimonial loss

Question 2

what is patrimonial loss?

Answer 2

all tangible economic losses (property losses and financial losses)

Question 3

what is solatium loss?

Answer 3

intangible losses (personal injury, pain, suffering)

Question 4

what loss would be considered for property harm?

Answer 4

patrimonial loss

Question 5

what loss would be considered for personal injury/death claims?

Answer 5

solatium loss

Question 6

how will loss of property be calculated?

Answer 6

cost of repair, replacement or diminution of value

Question 7

how are solatium losses calculated?

Answer 7

at common law

or Damages (Scotland) Act 2011 s.1(1) if it is a diminished life

Question 8

what is a personal claim?

Answer 8

where victim is aware and can make a claim themselves

Question 9

what is a relatives claim? what statute?

Answer 9

Damages (Scotland) Act 2011 s. 3

relatives can claim loss of support - patrimonial loss as well as loss of society - solatium claim

Question 10

what relatives can claim a patrimonial claim? where is it defined?

Answer 10

available to immediate family and all relatives actually supported as defined in Damages (Scotland) Act 2011 s.14

Question 11

what relatives can claim a solatium claim? where is it defined?

Answer 11

available to immediate family only

Question 12

if victim dies in crash what claim could they raise?

Answer 12

cannot raise personal claim and can only raise relatives claim - both patrimonial and solatium s.4

Question 13

what is a executor’s claim?

Answer 13

an executor can raise a claim for losses occurred until date of death.

s.2 of Damages (Scotland) Act 2011

Question 14

what is a declarator?

Answer 14

a statement concerning the rights of the petitioner