Hamilton v. Fife Health Board [1993] ScotCS CSIH_4 (24 March 1993)

Hamilton v. Fife Health Board [1993] ScotCS CSIH_4 (24 March 1993)

The court held that section 1(1) of the Damages (Scotland) Act 1976 applies to cases where a child is born alive but dies as a result of injuries sustained before birth. The phrase 'personal injuries sustained by him' includes injuries inflicted before birth but which impair the child's physical condition at and after birth. The right to claim damages by relatives is not excluded in such circumstances, and the Lord Ordinary's narrow interpretation was incorrect.

Citation
[1993] ScotCS CSIH_4
Parties
Pursuer: Hamilton; Defender/respondent: Fife Health Board
Jurisdiction
Scotland
Judgment Date
24 March 1993
Procedural Posture
Civil Appeal (reclaiming Motion) / Appeal Against Interlocutor Dismissing Action at First Instance
Outcome
Reclaiming motion sustained; interlocutor dismissing the action recalled; case remitted for further procedure.
Legal Topics
Damages for Death, Ante Natal Injury, Rights of Relatives, Statutory Construction, Legal Personality
Delict Personal Injury Statutory Interpretation Damages for Death Ante Natal Injury Rights of Relatives Statutory Construction Legal Personality

Case Brief

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Parties

Hamilton

Pursuer

Fife Health Board

Defender/respondent

Procedural Posture

Civil Appeal (reclaiming Motion) / Appeal Against Interlocutor Dismissing Action at First Instance

Legal Issues

  1. 1 Whether parents can claim damages under the Damages (Scotland) Act 1976 for the death of a child caused by injuries sustained before birth
  2. 2 Interpretation of 'personal injuries sustained by him' in section 1(1) of the Damages (Scotland) Act 1976

Ratio Decidendi

The court held that section 1(1) of the Damages (Scotland) Act 1976 applies to cases where a child is born alive but dies as a result of injuries sustained before birth. The phrase 'personal injuries sustained by him' includes injuries inflicted before birth but which impair the child's physical condition at and after birth. The right to claim damages by relatives is not excluded in such circumstances, and the Lord Ordinary's narrow interpretation was incorrect.

Court Disposition

Reclaiming motion sustained; interlocutor dismissing the action recalled; case remitted for further procedure.

Orders

  • Recall of the interlocutor of 21st November 1991 sustaining the second plea-in-law for the defenders and dismissing the action in relation to the first and second conclusions.
  • Repel the second plea-in-law for the defenders.