What are aggravated damages? Can they be recovered under Scots law? These are questions which might cross the mind of a Scots lawyer upon noticing the label in a tort textbook or the English case reports. This article seeks to address these two questions, in addition to critically examining whether aggravated damages ought to be recognised north of the border. The article will show that the Scots courts have granted additional awards of solatium in circumstances where the English courts would likely award aggravated damages. It will be argued that, despite their similarities, this traditional Scots approach is preferable to the English aggravated damages model. While the central focus is the right approach for Scots law, the article may still be of interest to English lawyers, since there are signs that English law might be moving closer to the Scots position.
James Bailey, Aggravated Damages or Additional Awards of Solatium: A Distinction without a Difference?, Edinburgh Law Review, Volume 22 Issue 1, Page 29-54. Available Online Jan 2018.