Veale and others v Scottish Power UK plc

Veale and others v Scottish Power UK plc

Section 5(1)(a) of the Damages (Scotland) Act 2011 does not require that the deceased was suffering from mesothelioma at the time liability to pay damages was discharged. The phrase 'liability to pay damages' has a general meaning consistent across sections 3 to 5, and the exception in section 5 applies if the personal injury causing death was mesothelioma, regardless of when the disease developed.

Parties
Respondents: Veale and others; Appellant: Scottish Power UK plc
Jurisdiction
England and Wales
Judgment Date
10 December 2025
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Damages for Wrongful Death, Mesothelioma Claims, Discharge of Liability, Rights of Relatives to Damages
Statutory Interpretation Personal Injury Law Delict (tort) Damages for Wrongful Death Mesothelioma Claims Discharge of Liability Rights of Relatives to Damages

Case Brief

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Parties

Veale and others

Respondents

Scottish Power UK plc

Appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether section 5(1)(a) of the Damages (Scotland) Act 2011 requires that the deceased was suffering from mesothelioma at the time liability to pay damages was discharged
  2. 2 Interpretation of 'liability to pay damages' in sections 3 to 5 of the 2011 Act

Ratio Decidendi

Section 5(1)(a) of the Damages (Scotland) Act 2011 does not require that the deceased was suffering from mesothelioma at the time liability to pay damages was discharged. The phrase 'liability to pay damages' has a general meaning consistent across sections 3 to 5, and the exception in section 5 applies if the personal injury causing death was mesothelioma, regardless of when the disease developed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.