Kelly v Nuttal & Sons [1965] ScotCS CSIH_3 (15 July 1965)

Kelly v Nuttal & Sons [1965] ScotCS CSIH_3 (15 July 1965)

Section 1(1) of the Law Reform (Damages and Solatium) (Scotland) Act, 1962 removes the bar that prevented a mother from suing for damages or solatium for the death of her child when the father is alive; the mother now has title to sue independently, and the defenders' plea of no title to sue is repelled.

Citation
[1965] ScotCS CSIH_3
Parties
Victim: William Matthews Kelly (deceased); Pursuer: Father of William Matthews Kelly; Pursuer: Mother of William Matthews Kelly; Defender: Edmund Nuttall Sons & Co. (London) Ltd
Jurisdiction
Scotland
Judgment Date
15 July 1965
Procedural Posture
Reparation / Inner House Appeal (second Division) Following Lord Ordinary's Interlocutor
Outcome
Defenders' plea of no title to sue repelled; reclaiming motion refused; interlocutor of Lord Ordinary adhered to.
Legal Topics
Damages for Wrongful Death, Parental Rights to Sue, Statutory Removal of Bar, Solatium, Dependency Claims
Tort Statutory Interpretation Family Law Damages for Wrongful Death Parental Rights to Sue Statutory Removal of Bar Solatium Dependency Claims

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Parties

William Matthews Kelly (deceased)

Victim

Father of William Matthews Kelly

Pursuer

Mother of William Matthews Kelly

Pursuer

Edmund Nuttall Sons & Co. (London) Ltd

Defender

Procedural Posture

Reparation / Inner House Appeal (second Division) Following Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the mother of a deceased child has title to sue for damages or solatium when the father is alive under the Law Reform (Damages and Solatium) (Scotland) Act, 1962
  2. 2 Interpretation of section 1(1) of the 1962 Act

Ratio Decidendi

Section 1(1) of the Law Reform (Damages and Solatium) (Scotland) Act, 1962 removes the bar that prevented a mother from suing for damages or solatium for the death of her child when the father is alive; the mother now has title to sue independently, and the defenders' plea of no title to sue is repelled.

Court Disposition

Defenders' plea of no title to sue repelled; reclaiming motion refused; interlocutor of Lord Ordinary adhered to.

Orders

  • Mother's title to sue sustained
  • Issues and counter-issues approved