McCARN & Ors v SECRETARY OF STATE FOR BUSINESS, INNOVATON AND SKILLS [2014] ScotCS CSOH_121 (05 August 2014)

McCARN & Ors v SECRETARY OF STATE FOR BUSINESS, INNOVATON AND SKILLS [2014] ScotCS CSOH_121 (05 August 2014)

Where all three elements of section 4(3)(b) are engaged and the deceased's life expectancy is materially greater than in comparable cases, a higher award is justified to compensate for the increased period of lost society and guidance. £35,000 per pursuer is just, reflecting the significant difference in life expectancy compared to Kelly v UCS.

Citation
[2014] ScotCS CSOH_121
Parties
Pursuer: Joseph Bernard McCarn; Pursuer: Paul Martin McCarn; Pursuer: Robert John Mary McCarn; Pursuer: Stephen John McCarn; Pursuer: Catherine McCarn; Defender: Secretary of State for Business, Innovation and Skills
Jurisdiction
Scotland
Judgment Date
05 August 2014
Procedural Posture
Personal Injury Action / Proof (quantum Only)
Outcome
judgment for pursuers
Legal Topics
Quantification of Damages, Mesothelioma, Damages (scotland) Act 2011 Section 4(3)(b), Loss of Society and Guidance, Interest on Damages
Personal Injury Statutory Damages Scottish Law Quantification of Damages Mesothelioma Damages (scotland) Act 2011 Section 4(3)(b) Loss of Society and Guidance Interest on Damages

Case Brief

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Parties

Joseph Bernard McCarn

Pursuer

Paul Martin McCarn

Pursuer

Robert John Mary McCarn

Pursuer

Stephen John McCarn

Pursuer

Catherine McCarn

Pursuer

Secretary of State for Business, Innovation and Skills

Defender

Procedural Posture

Personal Injury Action / Proof (quantum Only)

Legal Issues

  1. 1 Proper quantification of damages under section 4(3)(b) of the Damages (Scotland) Act 2011 for adult children following death from mesothelioma
  2. 2 Relevance of deceased's life expectancy to damages for loss of society and guidance
  3. 3 Weight to be given to jury awards in comparable cases

Ratio Decidendi

Where all three elements of section 4(3)(b) are engaged and the deceased's life expectancy is materially greater than in comparable cases, a higher award is justified to compensate for the increased period of lost society and guidance. £35,000 per pursuer is just, reflecting the significant difference in life expectancy compared to Kelly v UCS.

Court Disposition

judgment for pursuers

Orders

  • Award of £35,000 to each pursuer
  • Interest at 4% per annum on half the award (past), amounting to £3,270 per pursuer