Gilbride & Anor v Blythswood Shipbuilding Co Ltd & Ors [2001] ScotCS 166 (27 June 2001)

Gilbride & Anor v Blythswood Shipbuilding Co Ltd & Ors [2001] ScotCS 166 (27 June 2001)

The amendment is not clearly irrelevant and may be necessary to determine the real controversy; the pursuers need not prove the specific fibre or employer caused the disease, but must show material contribution to risk. The amendment is allowed and proof discharged.

Citation
[2001] ScotCS 166
Parties
Pursuer: Patrick Gilbride and another; Defender: Blythswood Shipbuilding Co Ltd and others
Jurisdiction
Scotland
Judgment Date
27 June 2001
Procedural Posture
Personal Injury/damages / Motion to Amend Pleadings and Discharge Proof
Outcome
Amendment allowed; proof discharged.
Legal Topics
Causation, Mesothelioma, Asbestos Exposure, Amendment of Pleadings, Material Contribution
Tort Personal Injury Employment Law Causation Mesothelioma Asbestos Exposure Amendment of Pleadings Material Contribution

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Parties

Patrick Gilbride and another

Pursuer

Blythswood Shipbuilding Co Ltd and others

Defender

Procedural Posture

Personal Injury/damages / Motion to Amend Pleadings and Discharge Proof

Legal Issues

  1. 1 Whether amendment to pleadings should be allowed regarding causation of mesothelioma
  2. 2 Whether pursuers must prove which employer's asbestos fibre caused the disease
  3. 3 Whether material contribution to risk suffices for liability

Ratio Decidendi

The amendment is not clearly irrelevant and may be necessary to determine the real controversy; the pursuers need not prove the specific fibre or employer caused the disease, but must show material contribution to risk. The amendment is allowed and proof discharged.

Court Disposition

Amendment allowed; proof discharged.

Orders

  • Record to be opened up and amended in terms of Minute of Amendment and Answers.
  • Proof discharged.