We’re proud that our Armed Forces fight for one Queen and one country, however there are some key differences in the legal systems and procedures when it comes to the death of a loved one and the inquest and claim that follows.
Whilst England and Wales have the same legal system for civil claims, the system in Scotland is different. When an adult passes away in England or Wales, the focus is mainly on their dependants.
However in Scotland, close relatives of someone who’s died as a result of negligence can claim for loss of society to compensate for their grief and loss of guidance.
Further guidance for fatal Scottish claims
Our national Military Injury team have presence in our Scottish office so are familiar with the challenges grieving families face when seeking justice and appropriate support for the family left behind.
The relatives who are entitled to claim following the loss of a loved one in Scotland are more extensive and include:
- Surviving spouse
- Parents and step-parents
- Siblings
- Children (including adult children)
- Grandchildren.
David Bell, senior associate solicitor in our Glasgow office commented: “Damages arising from the loss of the family member are not capped by statute and judge-made awards are also considerably higher in Scotland than in England and Wales. The family may also ask to have the case heard by a jury, who following guidance from the court, are often more generous with the awards given.”
Our experience
Our team acted for the widow and daughter of Samuel Bailey, a Squadron Leader who died when two Tornado GR4s jets crashed off the coast of Scotland in 2012. Three people died in the incident involving the aircraft from RAF Lossiemouth and Samuel’s wife, Fiona, was on duty on the base at the time of the incident.
David Bell worked alongside Andrew Buckham, partner in our Military Injuries team to secure the highest award at the time for loss of society for the family of Joe Windall, a Royal Marine killed in the Nimrod disaster in Afghanistan. The Edinburgh Court of Session found in favour of Mr Windall’s mother and sister, awarding them £90,000 and £60,000 respectively.
We also recently supported a Glaswegian family at the inquest following the death of Corporal Ryan Lovatt after he died whilst on deployment. Ryan, of 2 Close Support Battalion of the Royal Electrical and Mechanical Engineers, fell from a seventh floor balcony at a hotel in Poland and later died of his injuries.
A note for Armed Forces Compensation Scheme Cases
The Armed Forces Compensation Scheme (AFCS) is the same in England, Wales and Scotland. Our AFCS and Military Injuries expert, Amanda Marsh, regularly travels to Scotland to support Military personnel in tribunals and she also delivers training to military charities in Scotland. The AFCS team work with many Scottish clients and are keen to ensure their specialist service is available to anyone who may need support.
To find out more or for further advice on bringing a Military injury or fatal claim in Scotland, please contact us.
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0808 291 3524
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