Fraser v Kitsons Insulation Contractors Ltd [2015] ScotCS CSOH_135 (20 October 2015)

The court may only authorise further damages for diseases or deterioration risks that are proved or admitted at the time of the provisional damages award; in this case, only mesothelioma and bronchial carcinoma were admitted risks, so the pursuer may apply for further damages only if he develops those diseases.

Citation: [2015] ScotCS CSOH_135
Parties: Pursuer: Robert Fraser; Defender: Kitsons Insulation Contractors Limited
Jurisdiction: Scotland
Judgment Date: 20 October 2015
Procedural Posture: Personal Injury Action / Motion for Decree Following Acceptance of Tender
Outcome: Decree pronounced in terms of the minute of tender and acceptance.
Legal Topics: Provisional Damages, Asbestos Related Conditions, Pleural Plaques, Mesothelioma, Bronchial Carcinoma

Personal Injury Tort Law Provisional Damages Asbestos Related Conditions Pleural Plaques Mesothelioma Bronchial Carcinoma

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 12 Party arguments 2 Amounts and remedies 1

Parties

Robert Fraser

Pursuer

Kitsons Insulation Contractors Limited

Defender

Procedural Posture

Personal Injury Action / Motion for Decree Following Acceptance of Tender

Legal Issues

1 Whether the pursuer is entitled to provisional damages and the scope of diseases covered for further damages applications under s.12 of the Administration of Justice Act 1982

Ratio Decidendi

Court Disposition

Decree pronounced in terms of the minute of tender and acceptance.

Orders

Pursuer awarded £7,000 provisional damages.
Pursuer or executor may apply for further damages if pursuer develops mesothelioma or bronchial carcinoma within specified period.