Alasdair Kerr and others against Midlothian Council and another (Court of Session) [2024] CSOH 112 (20 December 2024)

Alasdair Kerr and others against Midlothian Council and another (Court of Session) [2024] CSOH 112 (20 December 2024)

The claimants failed to establish that Mrs Kerr's occupational exposure to asbestos created a material risk of developing peritoneal mesothelioma. The evidence showed any exposure was very low, predominantly to chrysotile, and epidemiological data did not support a causal link at such levels. The Fairchild exception does not apply where causation by asbestos is not established. Accordingly, no liability arises.

Citation
[2024] CSOH 112
Parties
Pursuers: Alasdair Kerr and others; First Defender: Midlothian Council; Second Defender: Moray Council
Jurisdiction
Scotland
Judgment Date
20 December 2024
Procedural Posture
Personal Injury (asbestos Related Disease Claim) / Judgment After Proof on Liability Only; Quantum Agreed
Outcome
Claim dismissed
Legal Topics
Asbestos Exposure, Mesothelioma, Causation, Material Increase in Risk, Fairchild Exception, Employer's Duty of Care, Statutory Duties Under Control of Asbestos at Work Regulations
Tort Personal Injury Employment Law Asbestos Exposure Mesothelioma Causation Material Increase in Risk Fairchild Exception +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Alasdair Kerr and others

Pursuers

Midlothian Council

First Defender

Moray Council

Second Defender

Procedural Posture

Personal Injury (asbestos Related Disease Claim) / Judgment After Proof on Liability Only; Quantum Agreed

Legal Issues

  1. 1 Whether Mrs Kerr's occupational exposure to asbestos created a material risk of developing peritoneal mesothelioma
  2. 2 Whether the Fairchild exception applies where causation by asbestos is not established
  3. 3 Whether the employers breached statutory and common law duties

Ratio Decidendi

The claimants failed to establish that Mrs Kerr's occupational exposure to asbestos created a material risk of developing peritoneal mesothelioma. The evidence showed any exposure was very low, predominantly to chrysotile, and epidemiological data did not support a causal link at such levels. The Fairchild exception does not apply where causation by asbestos is not established. Accordingly, no liability arises.

Court Disposition

Claim dismissed