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ARTICLE · 15 MARCH 2018

No Immunity From Negligence For The Good Samaritan

Clyde & Co
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When a charity gives advice for free, can it be sued if that advice turns out to be negligent?

United KingdomLitigation, Mediation & Arbitration
Graeme Watson
Graeme Watson
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When a charity gives advice for free, can it be sued if that advice turns out to be negligent?

In D v Victim Support Scotland [2017] SC EDIN 85 the answer was yes, as professional negligence principles were applied without exception for the benevolent advisor.

The Facts

D was abused as a child by his mother. After she was convicted, he sought help from Victim Support Scotland, which made a claim to the Criminal Injuries Compensation Authority on his behalf. During the process, D explained he had recently lost his job and did not know when (or if) he would return to work. His advisor did not mention that D could claim lost earnings if he was off work for more than 28 weeks because of the abuse. D missed out on that compensation as a result.

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