Docherty & Ors v Secretary of State for Business, Innovation and Skills & Anor [2015] ScotCS CSOH_149 (06 November 2015)

Docherty & Ors v Secretary of State for Business, Innovation and Skills & Anor [2015] ScotCS CSOH_149 (06 November 2015)

Claims for damages under the Damages (Scotland) Act 2011 against the second defenders must fail because all alleged wrongdoing occurred in England and English law (Fatal Accidents Act 1976) governs the substantive rights; Scottish law does not confer a remedy for these pursuers for wrongs committed in England.

Citation
[2015] ScotCS CSOH_149
Parties
Pursuers: Louisa Docherty & Others; First Defenders: Secretary of State for Business Innovation and Skills; Second Defenders: Imperial Chemical Industries Ltd
Jurisdiction
Scotland
Judgment Date
06 November 2015
Procedural Posture
Personal Injury Action (fatal Asbestos Case) / Procedure Roll (plea to Relevancy)
Outcome
Action against second defenders dismissed as irrelevant for all pursuers; case put out by order to allow consideration of amendment for widow's claim under English law.
Legal Topics
Double Actionability, Lex Loci Delicti, Joint and Several Liability, Statutory Remedies for Fatal Accidents
Personal Injury Private International Law Tort Law Double Actionability Lex Loci Delicti Joint and Several Liability Statutory Remedies for Fatal Accidents

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

Louisa Docherty & Others

Pursuers

Secretary of State for Business Innovation and Skills

First Defenders

Imperial Chemical Industries Ltd

Second Defenders

Procedural Posture

Personal Injury Action (fatal Asbestos Case) / Procedure Roll (plea to Relevancy)

Legal Issues

  1. 1 Whether Scottish law (Damages (Scotland) Act 2011) applies to claims for asbestos exposure occurring in England
  2. 2 Whether pursuers other than widow can claim damages under Scottish law for wrongs committed in England
  3. 3 Proper law to be applied in joint and several liability cases involving multiple jurisdictions

Ratio Decidendi

Claims for damages under the Damages (Scotland) Act 2011 against the second defenders must fail because all alleged wrongdoing occurred in England and English law (Fatal Accidents Act 1976) governs the substantive rights; Scottish law does not confer a remedy for these pursuers for wrongs committed in England.

Court Disposition

Action against second defenders dismissed as irrelevant for all pursuers; case put out by order to allow consideration of amendment for widow's claim under English law.

Orders

  • Dismiss action against second defenders for second to twenty-fourth pursuers.
  • Propose dismissing action against second defenders at instance of first pursuer unless amended claim under Fatal Accidents Act 1976 is brought.