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Scotland decisions
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John Reid against MCM Building & Civil Engineering Construction LTD and another (Court of Session) [2026] CSOH 34 (01 April 2026)
The court held that John Reid was negligently exposed to asbestos by both defenders and that each materially increased the risk of mesothelioma.
Alasdair Kerr and others against Midlothian Council and another (Court of Session) [2024] CSOH 112 (20 December 2024)
The Court of Session dismissed a fatal asbestos claim, holding very low occupational exposure to chrysotile did not create a material risk of peritoneal mesothelioma.
APPEAL BY NICOLA STEVEN WATT OR MURRAY AND OTHERS AGAINST LEND LEASE CONSTRUCTION LTD [2023] ScotCS CSIH_19 (21 April 2023)
The Inner House refused a reclaiming motion in an asbestos injury claim, holding the Lord Ordinary had made his own findings and did not err in relying on Abraham.
NICOLA STEVEN WATT AND OTHERS AGAINST LEND LEASE CONSTRUCTION (EUROPE) LIMITED [2022] ScotCS CSOH_23 (03 March 2022)
The Court of Session held that low-level asbestos exposure in 1963 was not reasonably foreseeable as injurious, and assoilzied the defenders.
STEPHEN ANTHONY QUINN AND OTHERS AGAINST WRIGHT’S INSULATIONS LTD [2020] ScotCS CSOH_21 (27 February 2020)
The Court of Session refused to let a time-barred mesothelioma claim proceed under section 19A, finding no explanation for the delay and no equitable basis to override limitation.
MCGINLEY OR MCLEAN AND OTHERS AGAINST FAIRFIELD SHIPBUILDING LIMITED AND ANOTHER [2019] ScotCS CSOH_33 (09 April 2019)
The Court of Session held that section 22(4) of the 1973 Act did not bar jury trial in this death claim, and granted the motion to allow issues.
THACKER AND OTHERS AGAINST NORTH BRITISH STEEL GROUP PLC [2018] ScotCS CSOH_73 (11 July 2018)
The Court of Session held that a foundry worker was regularly exposed to substantial asbestos dust, and that the employer was liable in damages for mesothelioma.
MANSON AND OTHERS v HENRY ROBB LTD [2017] ScotCS CSOH_126 (03 October 2017))
Fatal accident mesothelioma claim; Lord Clarke quantified damages for loss of society, loss of services, and financial support.
Talbot v Babcock International Ltd & Anor [2014] ScotCS CSOH_160 (05 November 2014)
The court held that, after acceptance of an unqualified tender, neither party could impose limits on return conditions for provisional damages.
BETTY SOPHIA SMITH FERGUSON & Ors AGAINST J & A LAWSON (JOINERS) Ltd [2014] ScotCS CSIH_82 (15 October 2014)
Scottish appeal on section 19A discretion in a time-barred mesothelioma claim. The court held the Lord Ordinary was not plainly wrong and allowed the action to proceed.
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