Smith & Ors v Upper Clyde Shipbuilders Ltd (In Liquidation) & Anor [1999] ScotCS 218 (8 September 1999)

Smith & Ors v Upper Clyde Shipbuilders Ltd (In Liquidation) & Anor [1999] ScotCS 218 (8 September 1999)

The court found, on the balance of probabilities, that the deceased died from mesothelioma caused by occupational exposure to asbestos, as supported by the weight of medical evidence (particularly from Dr Kerr, Dr MacDonald, and Dr Moule), and that the alternative diagnosis of adenocarcinoma was not established on a sound factual basis. The pursuers discharged the burden of proof for causation.

Citation
[1999] ScotCS 218
Parties
Pursuers: Linda Rose Smith and Others; Defenders: Upper Clyde Shipbuilders Limited (In Liquidation) and Another
Jurisdiction
Scotland
Judgment Date
08 September 1999
Procedural Posture
Personal Injury/damages (asbestos Related Disease) / Judgment After Proof (trial)
Outcome
Judgment for the pursuers.
Legal Topics
Asbestos Exposure, Mesothelioma, Causation of Death, Employer Liability, Medical Evidence, Admissibility of Evidence
Tort Personal Injury Employment Law Asbestos Exposure Mesothelioma Causation of Death Employer Liability Medical Evidence +1 more

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Parties

Linda Rose Smith and Others

Pursuers

Upper Clyde Shipbuilders Limited (In Liquidation) and Another

Defenders

Procedural Posture

Personal Injury/damages (asbestos Related Disease) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the deceased's death was caused by mesothelioma resulting from occupational asbestos exposure or by lung cancer (adenocarcinoma) unrelated to asbestos.
  2. 2 Whether the pursuers proved causation on the balance of probabilities.
  3. 3 Admissibility and weight of medical and hearsay evidence.

Ratio Decidendi

The court found, on the balance of probabilities, that the deceased died from mesothelioma caused by occupational exposure to asbestos, as supported by the weight of medical evidence (particularly from Dr Kerr, Dr MacDonald, and Dr Moule), and that the alternative diagnosis of adenocarcinoma was not established on a sound factual basis. The pursuers discharged the burden of proof for causation.

Court Disposition

Judgment for the pursuers.

Orders

  • Decree for payment of damages to the estate and relatives of the deceased.