ELAINE CROZIER OR VEALE AND OTHERS AGAINST SCOTTISH POWER UK PLC [2023] ScotCS CSOH_50 (27 July 2023)

ELAINE CROZIER OR VEALE AND OTHERS AGAINST SCOTTISH POWER UK PLC [2023] ScotCS CSOH_50 (27 July 2023)

Section 5 of the Damages (Scotland) Act 2011 applies to discharge of liability arising from negligent exposure to asbestos, regardless of whether mesothelioma was present at the time of settlement; the pursuers meet the statutory conditions and are entitled to seek damages.

Citation
[2023] ScotCS CSOH_50
Parties
Pursuers: Elaine Crozier or Veale and Others; Defender: Scottish Power UK PLC
Jurisdiction
Scotland
Judgment Date
27 July 2023
Procedural Posture
Personal Injury Action (mesothelioma Related Damages) / Procedure Roll Debate on Motion to Dismiss as Incompetent
Outcome
Defender's motion to dismiss refused; case remitted to proof.
Legal Topics
Mesothelioma, Damages for Relatives, Discharge of Liability, Statutory Exception, Single Action Rule
Personal Injury Statutory Interpretation Tort Law Mesothelioma Damages for Relatives Discharge of Liability Statutory Exception Single Action Rule

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Parties

Elaine Crozier or Veale and Others

Pursuers

Scottish Power UK PLC

Defender

Procedural Posture

Personal Injury Action (mesothelioma Related Damages) / Procedure Roll Debate on Motion to Dismiss as Incompetent

Legal Issues

  1. 1 Whether settlement of prior action by deceased bars relatives' claim for damages under Damages (Scotland) Act 2011, section 5
  2. 2 Interpretation of section 5 exception for mesothelioma cases

Ratio Decidendi

Section 5 of the Damages (Scotland) Act 2011 applies to discharge of liability arising from negligent exposure to asbestos, regardless of whether mesothelioma was present at the time of settlement; the pursuers meet the statutory conditions and are entitled to seek damages.

Court Disposition

Defender's motion to dismiss refused; case remitted to proof.

Orders

  • Remit case to proof under deletion of specified averments in Answers 5.
  • Reserve all questions of expenses meantime.