The House considered the nature of an action for assythment – a claim for damages by the family of a victim of a homicide where the perpetrator had not suffered capital punishment. The defendant here argued that it was no longer good law.
Held: The common law was not lost through lack of use. The remedy still existed.
Citations:
[1972] UKHL 9, 1972 SLT 110, 1972 SC (HL) 25
Links:
Jurisdiction:
Scotland
Damages, Constitutional
Updated: 24 April 2022; Ref: scu.279735