THACKER AND OTHERS AGAINST NORTH BRITISH STEEL GROUP PLC [2018] ScotCS CSOH_73 (11 July 2018)

THACKER AND OTHERS AGAINST NORTH BRITISH STEEL GROUP PLC [2018] ScotCS CSOH_73 (11 July 2018)

Mrs Thacker was exposed to substantial quantities of asbestos dust during her employment at the defender's foundry, regularly and routinely, due to the use and cutting of asbestos blankets. The defender failed to take practicable measures to protect her from inhalation of asbestos dust, breaching statutory and common law duties. This exposure caused her mesothelioma and death. The pursuers are entitled to damages as agreed.

Citation
[2018] ScotCS CSOH_73
Parties
Pursuer: John Samuel Thacker; Pursuer: Maureen McCulloch; Pursuer: Thomas Hendry; Pursuer: William Veitch; Defender: North British Steel Group PLC
Jurisdiction
Scotland
Judgment Date
11 July 2018
Procedural Posture
Personal Injury Action / Judgment After Proof
Outcome
Defender found liable in damages to pursuers
Legal Topics
Asbestos Exposure, Mesothelioma, Employer Liability, Breach of Statutory Duty, Quantum of Damages
Personal Injury Employment Law Health and Safety Asbestos Exposure Mesothelioma Employer Liability Breach of Statutory Duty Quantum of Damages

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Parties

John Samuel Thacker

Pursuer

Maureen McCulloch

Pursuer

Thomas Hendry

Pursuer

William Veitch

Pursuer

North British Steel Group PLC

Defender

Procedural Posture

Personal Injury Action / Judgment After Proof

Legal Issues

  1. 1 Was Mrs Thacker exposed to substantial quantities of asbestos dust during her employment?
  2. 2 Did the defender breach its statutory and common law duties to protect Mrs Thacker from asbestos exposure?
  3. 3 Did asbestos exposure cause Mrs Thacker's mesothelioma and subsequent death?

Ratio Decidendi

Mrs Thacker was exposed to substantial quantities of asbestos dust during her employment at the defender's foundry, regularly and routinely, due to the use and cutting of asbestos blankets. The defender failed to take practicable measures to protect her from inhalation of asbestos dust, breaching statutory and common law duties. This exposure caused her mesothelioma and death. The pursuers are entitled to damages as agreed.

Court Disposition

Defender found liable in damages to pursuers

Orders

  • Defender to pay agreed damages to pursuers: £90,000 to first pursuer as executor dative; £205,000 to first pursuer as individual; £35,000 to second pursuer; £15,000 to third pursuer; £15,000 to fourth pursuer