Gray and others v Advocate General for Scotland

Damages – Loss of society – Title to sue. Court of Session: In action of damages for loss of society in which the Advocate General challenged the relevancy of the claims of the deceased's partner's children and one of her grandchildren, the relevant pursuers asserting title to sue on the basis that the deceased had accepted them as a child/grandchild of his family and the defender arguing that given their ages when their mother/grandmother moved in with the deceased none of them could be described as a 'child', the court held that 'child' in ss 4(3)(b) and 14(1) of the Damages (Scotland) Act 2011 was defined by relationship and not age and it refused the defenders motion for dismissal of the action in respect of the second, fifth and seventh pursuers.

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