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McGibbon v. McAllister
January 30, 2009 | No CommentsThe Lord Ordinary held that the right to sue for damages in respect of the death of a child should be extended to include step-parents, on the basis that toe exclude a step-parent in the position of the pursuer would be discriminatory and incompatible with Article 14 when taken together with Article 8 of the European Convention. In order to ensure the Convention compatibility of the definition in Schedule 1 of the Damages Scotland Act 1976 of “relative” with title to sue in respect of a death as including “(b) any person who was a parent or child of the deceased” the meaning of “parent” in this parent was to be understood as extending to include someone who to a material extent, as a matter of fact, fulfilled roles usually associated with parenthood.
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Art. 08 Right to Private and Family Life, Child & Family Law
