When parliament gets it wrong: Mykoliw v. Botterill

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Abstract

A discussion of the case Mykoliw v. Botterill which reinterprets the Damages (Scotland) Act 1976 Considers the Outer House decision in Mykoliw v Botterill on whether the Damages (Scotland) Act 1976 s.1(4A) excluded all step-parents from claiming damages for the wrongful death of a step-child, due to their "relationship of affinity", or whether step-parents who had "accepted the deceased as a child of the family" had such locus standi.
Original languageEnglish
Pages (from-to)103-106
Number of pages4
JournalEdinburgh Law Review
Volume15
Issue number1
Publication statusPublished - 2011

Keywords

  • damages
  • step-parents
  • locus standi
  • right to respect for private and family life
  • Scotland
  • wrongful death
  • personal injury
  • human rights

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