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Professor Norrie's Commentaries on Family Law$
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Kenneth Norrie

Print publication date: 2011

Print ISBN-13: 9781845861193

Published to Edinburgh Scholarship Online: September 2015

DOI: 10.3366/edinburgh/9781845861193.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 20 September 2021

April 2006

April 2006

Rushed Law and Wrongful Death

Chapter:
(p.149) Commentary No 28: April 2006
Source:
Professor Norrie's Commentaries on Family Law
Author(s):

Kenneth McK Norrie

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781845861193.003.0028

This commentary identifies a flaw created by the amendment of the Damages (Scotland) Act 1976 made by s.35 of the Family Law (Scotland) Act 2006 which removed relationships of affinity from the category of relatives entitled to sue for wrongful death, but did not allow such relatives to make a claim based on being accepted as a member of the family. It calls for imaginative judicial interpretation, which was subsequently provided in Mykoliw v Botterill 2010 SLT 1219.

Keywords:   Damages (Scotland) Act 1976, Immediate family, Step-parents, Relationships of affinity, European Convention on Human Rights

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