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Damages Awards (Interest)

Volume 526: debated on Tuesday 6 April 1954

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asked the Secretary of State for Scotland if he is aware that under Scottish law relating to actions for damages for negligence interest at 5 per cent, on the amount of damages awarded runs only from the date of the decree awarding damages; that it would be in accord with both justice and expedition that such interest should instead run from the date of either the accident or the summons; and if he will introduce legislation to enact this change in Scottish law.

I am aware that in Scotland interest on damages awarded in actions for negligence runs only from the date of decree. Amendment of this long-standing rule of Scots law would require very careful consideration, and my right hon. Friend can hold out no hope of early legislation.

Is not the Minister aware that this has for long been carefully considered and recommended by the Muir Society, a body representative of lawyers in Scotland, and will he consult them on the advisability of adopting their recommendation in the matter?

We are aware of that, but the hon. and learned Gentleman will know even better than I that this is really too complicated a question for discussion at Question time.