ELAINE CROZIER OR VEALE AND OTHERS AGAINST SCOTTISH POWER UK PLC [2024] ScotCS CSIH_14 (04 June 2024

ELAINE CROZIER OR VEALE AND OTHERS AGAINST SCOTTISH POWER UK PLC [2024] ScotCS CSIH_14 (04 June 2024

Section 5(1) of the Damages (Scotland) Act 2011 is clear and unambiguous: it entitles the relatives of a person who died of mesothelioma to claim non-patrimonial damages, even if the deceased had previously settled his own claim for damages arising from the same wrong. There is no requirement in the statute that the deceased must have been suffering from mesothelioma at the time of settlement. The statutory exception applies if the death was from mesothelioma and the other conditions in section 5(1) are met.

Citation
[2024] ScotCS CSIH_14
Parties
Pursuers and Respondents: Elaine Crozier or Veale and Others; Defenders and Reclaimers: Scottish Power UK PLC
Jurisdiction
Scotland
Procedural Posture
Reclaiming Motion (appeal) in Civil Damages Action / Inner House, Court of Session, Decision on Reclaiming Motion
Outcome
Reclaiming motion refused; interlocutor of the Lord Ordinary adhered to with clarification.
Legal Topics
Mesothelioma, Damages for Wrongful Death, Effect of Prior Settlement on Relatives' Claims, Damages (scotland) Act 2011, Rights of Relatives to Damages
Personal Injury Statutory Interpretation Delict (tort) Mesothelioma Damages for Wrongful Death Effect of Prior Settlement on Relatives' Claims Damages (scotland) Act 2011 Rights of Relatives to Damages

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Parties

Elaine Crozier or Veale and Others

Pursuers and Respondents

Scottish Power UK PLC

Defenders and Reclaimers

Procedural Posture

Reclaiming Motion (appeal) in Civil Damages Action / Inner House, Court of Session, Decision on Reclaiming Motion

Legal Issues

  1. 1 Whether section 5(1) of the Damages (Scotland) Act 2011 entitles relatives to claim damages for non-patrimonial loss following death from mesothelioma, notwithstanding the deceased's prior settlement of a claim for asbestos-related injury

Ratio Decidendi

Section 5(1) of the Damages (Scotland) Act 2011 is clear and unambiguous: it entitles the relatives of a person who died of mesothelioma to claim non-patrimonial damages, even if the deceased had previously settled his own claim for damages arising from the same wrong. There is no requirement in the statute that the deceased must have been suffering from mesothelioma at the time of settlement. The statutory exception applies if the death was from mesothelioma and the other conditions in section 5(1) are met.

Court Disposition

Reclaiming motion refused; interlocutor of the Lord Ordinary adhered to with clarification.

Orders

  • The reclaiming motion is refused.
  • The interlocutor of the Lord Ordinary dated 27 July 2023 is adhered to, with clarification that the Lord Ordinary refused the defenders' motion to find that the action is incompetent.