OPINION OF LORD UIST IN THE CAUSE MARGARET ANNE GALLAGHER & Ors AGAINST S.C. CHEADLE HUME LTD & Ors [2014] ScotCS CSOH_103 (24 June 2014)

OPINION OF LORD UIST IN THE CAUSE MARGARET ANNE GALLAGHER & Ors AGAINST S.C. CHEADLE HUME LTD & Ors [2014] ScotCS CSOH_103 (24 June 2014)

The court adopted the approach in McGee, uprating previous awards in light of Hamilton, and held that the pursuers' suggested awards were reasonable except for the two youngest grandchildren, whose awards were reduced to reflect their age and lack of meaningful relationship with the deceased at the time of death. The assessment must be individualized, considering the nature and duration of each relationship, and the statutory elements of distress, grief, and loss of society.

Citation
[2014] ScotCS CSOH_103
Parties
Pursuer: Margaret Anne Gallagher; Pursuer: James Joseph Gallagher; Pursuer: Angela Mary McCabe; Pursuer: Mary Ann Thomson; Pursuer: Theresa Rose Gallagher; Pursuer: Marie Therese Guise Gallagher; Pursuer: Laura Grace McCrimmond; Defender: S C Cheadle Hume Ltd; Defender: First, Second, Fourth and Fifth Defenders
Jurisdiction
Scotland
Judgment Date
24 June 2014
Procedural Posture
Civil Personal Injury (asbestos/mesothelioma) / Judgment After Proof on Quantum Only
Outcome
Awards made to pursuers for loss of society and other agreed heads of damages; interest to be calculated and case to be appointed By Order for final interlocutor.
Legal Topics
Damages for Loss of Society, Mesothelioma, Bereavement Damages, Damages (scotland) Act 2011 S4(3)(b), Assessment of Non Patrimonial Loss
Personal Injury Tort Statutory Compensation Damages for Loss of Society Mesothelioma Bereavement Damages Damages (scotland) Act 2011 S4(3)(b) Assessment of Non Patrimonial Loss

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Parties

Margaret Anne Gallagher

Pursuer

James Joseph Gallagher

Pursuer

Angela Mary McCabe

Pursuer

Mary Ann Thomson

Pursuer

Theresa Rose Gallagher

Pursuer

Marie Therese Guise Gallagher

Pursuer

Laura Grace McCrimmond

Pursuer

S C Cheadle Hume Ltd

Defender

First, Second, Fourth and Fifth Defenders

Defender

Procedural Posture

Civil Personal Injury (asbestos/mesothelioma) / Judgment After Proof on Quantum Only

Legal Issues

  1. 1 What are the appropriate awards for each pursuer under section 4(3)(b) of the Damages (Scotland) Act 2011 for loss of society, distress, and grief following the death of James Patrick Gallagher from mesothelioma?
  2. 2 How should the court assess and differentiate awards among relatives, including widow, children, and grandchildren, in light of recent case law and statutory guidance?

Ratio Decidendi

The court adopted the approach in McGee, uprating previous awards in light of Hamilton, and held that the pursuers' suggested awards were reasonable except for the two youngest grandchildren, whose awards were reduced to reflect their age and lack of meaningful relationship with the deceased at the time of death. The assessment must be individualized, considering the nature and duration of each relationship, and the statutory elements of distress, grief, and loss of society.

Court Disposition

Awards made to pursuers for loss of society and other agreed heads of damages; interest to be calculated and case to be appointed By Order for final interlocutor.

Orders

  • Award of £80,000 to widow (Margaret Anne Gallagher) under s4(3)(b) Damages (Scotland) Act 2011
  • Award of £35,000 to each of the four children under s4(3)(b)