§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland when the Scottish Law Commission will complete its review of the civil law of damages in Scotland.
§ Lord James Douglas-HamiltonI asked the Scottish Law Commission in mid-September to consider the case for amending the law of damages in Scotland having regard to the possibility that there may be an incentive in the present law for a defender to postpone making settlement until after the death of the pursuer to minimise the amount of any compensation. The commission has accorded the matter priority and hopes to issue a discussion paper in 1990. It is too early to say when the commission's report will be completed.
§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland whether he will introduce interim measures in civil litigation in actions for damages for personal injuries278W (a) to prevent defenders seeking to delay hearings, (b) to allow courts to increase an award of damages where it is considered that there has been a deliberate use of delay by defenders in preventing cases from coming to a hearing, submissions of appeals on spurious grounds, or otherwise, (c) to encourage realistic settlements of claims at an early stage arid (d) to permit executors to pursue claims for personal injuries of a deceased family member.
§ Lord James Douglas-HamiltonNo. Interim measures on these lines would be inappropriate. Under existing provisions, the Court of Session or the sheriff may—by an award of expenses, or otherwise—act to prevent a party abusing court procedures by unreasonable delay. In addition, interest is payable on damages from the date when the claimant's loss occurred. However, the Scottish Law Commission has been asked to consider the case for amending the law of damages in Scotland having regard to the possibility that defenders may delay an action to minimise the amount of compensation payable in the event of the claimant's death before conclusion of the action.