MANSON AND OTHERS v HENRY ROBB LTD [2017] ScotCS CSOH_126 (03 October 2017))

MANSON AND OTHERS v HENRY ROBB LTD [2017] ScotCS CSOH_126 (03 October 2017))

Awards for loss of society, services, and financial support must reflect both the exceptional closeness of the family and the advanced age and limited life expectancy of the deceased; judicial consistency with jury awards is required, but differentiation is justified based on the facts.

Citation
[2017] ScotCS CSOH_126
Parties
Pursuers: George Edward Manson and Others; Defenders: Henry Robb Ltd
Jurisdiction
Scotland
Judgment Date
03 October 2017
Procedural Posture
Personal Injury / Fatal Accident Claim / Proof on Quantum
Outcome
Decree for payment of damages in favour of pursuers
Legal Topics
Damages for Death, Loss of Society, Loss of Services, Compensation for Financial Support, Asbestos Exposure, Mesothelioma
Tort Personal Injury Fatal Accident Damages for Death Loss of Society Loss of Services Compensation for Financial Support Asbestos Exposure +1 more

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Parties

George Edward Manson and Others

Pursuers

Henry Robb Ltd

Defenders

Procedural Posture

Personal Injury / Fatal Accident Claim / Proof on Quantum

Legal Issues

  1. 1 Quantum of damages for death caused by mesothelioma
  2. 2 Appropriate compensation for loss of society under section 4(3)(b) of Damages (Scotland) Act 2011
  3. 3 Compensation for loss of services under section 9 of Damages (Scotland) Act 2011

Ratio Decidendi

Awards for loss of society, services, and financial support must reflect both the exceptional closeness of the family and the advanced age and limited life expectancy of the deceased; judicial consistency with jury awards is required, but differentiation is justified based on the facts.

Court Disposition

Decree for payment of damages in favour of pursuers

Orders

  • Defenders to pay £90,000 to first and second pursuers as executors, inclusive of interest and gross of £13,455 under Pneumoconiosis etc (Workers’ Compensation) Act 1979.
  • Defenders to pay £89,480.31 to third pursuer for loss of financial support under section 4(3)(a) of Damages (Scotland) Act 2011.