WW v The Advocate General for Scotland [2015] ScotCS CSOH_111 (13 August 2015)

WW v The Advocate General for Scotland [2015] ScotCS CSOH_111 (13 August 2015)

Provisional damages for pleural plaques are recoverable under Scottish law due to statutory reversal of Rothwell; quantum should reflect moderate anxiety and risk of mesothelioma, with £8,500 awarded; late amendment to pleadings to invoke Crown immunity refused due to prejudice and failure to meet statutory requirements.

Citation
[2015] ScotCS CSOH_111
Parties
Pursuer: W W; Defender: The Advocate General for Scotland
Jurisdiction
Scotland
Judgment Date
13 August 2015
Procedural Posture
Personal Injury Action / Proof on Quantum; Liability Admitted; Motion to Amend Pleadings Refused
Outcome
Provisional damages awarded to pursuer; motion to amend pleadings refused; expenses reserved.
Legal Topics
Asbestos Related Conditions, Pleural Plaques, Provisional Damages, Crown Immunity, Quantification of Damages
Personal Injury Tort Statutory Interpretation Asbestos Related Conditions Pleural Plaques Provisional Damages Crown Immunity Quantification of Damages

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Parties

W W

Pursuer

The Advocate General for Scotland

Defender

Procedural Posture

Personal Injury Action / Proof on Quantum; Liability Admitted; Motion to Amend Pleadings Refused

Legal Issues

  1. 1 Whether provisional damages should be awarded for pleural plaques under Scottish law
  2. 2 Appropriate quantum for provisional damages for pleural plaques
  3. 3 Whether amendment to pleadings to invoke Crown immunity should be allowed

Ratio Decidendi

Provisional damages for pleural plaques are recoverable under Scottish law due to statutory reversal of Rothwell; quantum should reflect moderate anxiety and risk of mesothelioma, with £8,500 awarded; late amendment to pleadings to invoke Crown immunity refused due to prejudice and failure to meet statutory requirements.

Court Disposition

Provisional damages awarded to pursuer; motion to amend pleadings refused; expenses reserved.

Orders

  • Award of £8,500 provisional damages to pursuer for pleural plaques and associated anxiety.
  • Interest on £4,250 at 4% per annum from 4 November 2013 to date of decree, thereafter at 8% per annum.