Talbot v Babcock International Ltd & Anor [2014] ScotCS CSOH_160 (05 November 2014)

Talbot v Babcock International Ltd & Anor [2014] ScotCS CSOH_160 (05 November 2014)

Once an unqualified tender is accepted, neither party can impose limitations on return conditions for provisional damages; the statutory right to return is not restricted by the defender post-settlement.

Citation
[2014] ScotCS CSOH_160
Parties
Pursuer: Francis Talbot; Defenders: Babcock International Limited and Another
Jurisdiction
Scotland
Judgment Date
05 November 2014
Procedural Posture
Personal Injury Action for Provisional Damages / Post Tender Motion Hearing
Outcome
Motion granted in part; parts 1 and 3 granted, part 2 refused.
Legal Topics
Provisional Damages, Asbestos Exposure, Settlement Agreements
Personal Injury Contract Law Provisional Damages Asbestos Exposure Settlement Agreements

Case Brief

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Parties

Francis Talbot

Pursuer

Babcock International Limited and Another

Defenders

Procedural Posture

Personal Injury Action for Provisional Damages / Post Tender Motion Hearing

Legal Issues

  1. 1 Whether the pursuer is entitled to return to court for further damages upon development of specified asbestos-related conditions
  2. 2 Whether the defenders can limit return conditions after acceptance of an unqualified tender

Ratio Decidendi

Once an unqualified tender is accepted, neither party can impose limitations on return conditions for provisional damages; the statutory right to return is not restricted by the defender post-settlement.

Court Disposition

Motion granted in part; parts 1 and 3 granted, part 2 refused.

Orders

  • Decree for provisional damages in sum of £4,100
  • Expenses of process awarded in terms of tender and acceptance