Crosset & Ors v. Upper Clyde Shipbuilders Ltd & Anor [2008] ScotCS CSOH_97 (04 July 2008)

Crosset & Ors v. Upper Clyde Shipbuilders Ltd & Anor [2008] ScotCS CSOH_97 (04 July 2008)

A payment under the Pneumoconiosis Etc. (Workers Compensation) Act 1979 must be deducted from the agreed damages, even where the defendant and its insurer are insolvent and payment is to be made by the Financial Services Compensation Scheme at 90% of the award. The court's assessment of damages is not affected by the FSCS limitation or the defendant's insolvency; to do otherwise would bypass the statutory scheme and result in over-compensation.

Citation
[2008] ScotCS CSOH_97
Parties
Pursuers: Lily Rose Crossett and Others; Defenders: Upper Clyde Shipbuilders Limited (in liquidation) and Another
Jurisdiction
Scotland
Judgment Date
04 July 2008
Procedural Posture
Damages for Personal Injury (mesothelioma) / Judgment After Proof (trial) on Deduction of Statutory Compensation From Damages
Outcome
Payment under the 1979 Act is to be deducted from damages; decree for £60,088 granted to the first pursuers (the estate).
Legal Topics
Mesothelioma, Damages Assessment, Collateral Benefits, Statutory Compensation Deduction, Insolvency of Defendant, Financial Services Compensation Scheme
Tort Personal Injury Employment Law Insurance Law Mesothelioma Damages Assessment Collateral Benefits Statutory Compensation Deduction +2 more

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Parties

Lily Rose Crossett and Others

Pursuers

Upper Clyde Shipbuilders Limited (in liquidation) and Another

Defenders

Procedural Posture

Damages for Personal Injury (mesothelioma) / Judgment After Proof (trial) on Deduction of Statutory Compensation From Damages

Legal Issues

  1. 1 Whether a payment under the Pneumoconiosis Etc. (Workers Compensation) Act 1979 should be deducted from agreed damages in a case where payment will be made by the Financial Services Compensation Scheme due to the insolvency of the defendant and its insurer.

Ratio Decidendi

A payment under the Pneumoconiosis Etc. (Workers Compensation) Act 1979 must be deducted from the agreed damages, even where the defendant and its insurer are insolvent and payment is to be made by the Financial Services Compensation Scheme at 90% of the award. The court's assessment of damages is not affected by the FSCS limitation or the defendant's insolvency; to do otherwise would bypass the statutory scheme and result in over-compensation.

Court Disposition

Payment under the 1979 Act is to be deducted from damages; decree for £60,088 granted to the first pursuers (the estate).

Orders

  • Decree for £60,088 in favour of the first pursuers (the estate).
  • Question of interest reserved.