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"How much for my leg?" This is an apparently simple question which might be asked of a lawyer by a citizen who has sustained a wrongful injury to the said limb. But, in Scotland, no fixed answer can be given. Nor can any official range of possible figures be given. Only after some serious professional work, perhaps taking many hours, can a range of figures be suggested. It need not be like this. This study of the assessment of non-pecuniary damages for personal injury reviews the state of current approaches in Scotland, considers the conclusions of the Gill Report and compares differing approaches in jurisdictions worldwide, before presenting possible options for reform. Contents: - Introduction - Alternative Methods of Assessment - Analysis and Assessment of the Assessment Process - Conclusions Appendices: - Court-Disputed Non-Pecuniary Loss (Low Value) - Court-Disputed Non-Pecuniary Damages (Medium Value) (JSB Use) (Other Disputed Issues) - How much for a leg? Reconstruction of the CICA 2001 Tariff of Selected Listed Injuries Allocated up to £4,400 by Value rather than by Injury - What People Say the Damages Should Be Tables of Cases and Legislation and an Index are included. William J Stewart is a Lecturer in Law at the University of Stirling. DUNDEE UNIVERSITY PRESS [DUP logo] Design: www.riverdesign.co.uk
Summary
This study of how non-pecuniary damages for personal injury are assessed reviews the state of current approaches in Scotland. It onsiders the conclusions of the Gill Report and compares differing approaches in jurisdictions worldwide, before presenting possible options for reform.
