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REFERENCES
1 For deaths on or after 4 May 2006 the definition of 'immediate family' is any person who, immediately before the deceased's death was the spouse or civil partner of the deceased; any person not being the spouse or civil partner of the deceased who was, immediately before the deceased's death, living with the deceased as husband or wife or in a relationship which had the characteristics of the relationship between civil partners; any person who was a parent or child of the deceased; any person who was accepted by the deceased as a child of this family; any person who had accepted the deceased as a child of the family; any person who was the brother or sister of the deceased or was brought up in the same household as the deceased and who was accepted as a child of the family in which the deceased was a child; and any person who was the grandparent or grandchild of the deceased.
2 This rule was at common law but is now contained in section 1(2) of the 1976 Act.
3 The Scottish Law Commission Report on the Effect of Death on Damages (Scot Law Com No 134) ( HMSO 1992)("the 1992 Report") paragraph 2.21
4 The 1992 Report paragraph 2.12
5 McManus' Executrix v Babcock Energy Ltd 1999 SC 569
6 McLean -v- Wm Denny and Bros Ltd OH 2004 SLT and IH 2004 SLT 1099 and Murray and Others -v- Greenock Dockyard Co Ltd OH 2004 SLT 346 and IH 2004 SLT 1104
7 McManus' Executrix v Babcock Energy Ltd (above)
8 Murray and Others -v- Greenock Dockyard (above)
9 Little -v- Fairfield Rowan Lord Brodie 11 Jan 2005
10 This is particularly so if the injuries have diminished the injured person's expectation of life and future patrimonial loss is calculated in accordance with section 9 of the 1976 Act.
11 Paragraphs 40-43 of the 1973 Report
12 See Annex A paragraphs 2.3 and 4.3
13 Section 9A of the 1976 Act and paragraphs 4.17-4.21 of the 1992 Report
14 Section 8 of the 1982 Act
15 Section 9 of the 1982 Act
16 Section 8(2) and 9(4) of the 1982 Act.
17 Section 12 of the 1982 Act.
18 Section 2(3) of the 1976 Act and paragraphs 4.7-4.12 of the 1992 Report
19 Section 2(2) of the 1976 Act and paragraph 19 of the 1973 Report
20 Section 2 of the 1976 Act as substituted by section 3 of the 1993 Act.
21 McKay v Scottish Airways 1948 SC 254
22 McKay v Scottish Airways (above)
23 Section 1(2) of the 1976 Act, paragraphs 26 to 43 of the 1973 Report, and McKay v Scottish Airways (above) per Lord Mackintosh a p.258.
24 Section 1(5A) of the 1976 Act, as inserted by section 1(3) of the 1993 Act.
25 Section 1(3) of the 1976 Act and section 9(2) of the 1982 Act
26 Section 1 (4) of the 1976 Act, as amended by section 1(1) of the 1993 Act and paragraphs 102-112 of the 1973 Report and paragraphs 2.19-2.33 and 4.38 of 1992 Report. Section 1(4) has also been amended by section 35(2) and (3) of the Family Law (Scotland Act 2006 to provide that no award of damages should be made under section 1(4) to a person related by affinity to the deceased.
27 The 1992 Report paragraphs 2.21 and 3.21
28 The 1992 Report paragraphs 2.21-2.33
29 The 1992 Report paragraph 4.38
30 The 1992 Report paragraphs 3.21, 4.38 and 4.39
31 Section 4 of the 1976 Act and paragraphs 46-52 of the 1973 Report.
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