Esheria Scotland Case Law
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Scotland Case Law

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Personal injury [2023] ScotCS CSOH_50

ELAINE CROZIER OR VEALE AND OTHERS AGAINST SCOTTISH POWER UK PLC

ELAINE CROZIER OR VEALE AND OTHERS AGAINST SCOTTISH POWER UK PLC [2023] ScotCS CSOH_50 (27 July 2023)

The Court of Session held that section 5 of the Damages (Scotland) Act 2011 can apply even if mesothelioma was not present when the deceased settled an earlier claim.

  • Mesothelioma
  • Damages for relatives
  • Discharge of liability
  • Statutory exception
  • Single action rule
  • Damages-scotland-act-2011
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Private international law [2018] ScotCS CSOH_25

DOCHERTY AND OTHERS AGAINST THE SECRETARY OF STATE FOR BUSINESS, INNOVATION AND SKILLS

DOCHERTY AND OTHERS AGAINST THE SECRETARY OF STATE FOR BUSINESS, INNOVATION AND SKILLS [2018] ScotCS CSOH_25 (21 March 2018)

The Court of Session held that English law governed asbestos-related claims because the actionable injury occurred in England, and Rome II did not apply.

  • Applicable law in cross-border torts
  • Asbestos-related personal injury
  • Damages for relatives
  • Rome ii regulation
  • Common law choice of law rules
  • Choice-of-law
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About this LexChat collection

Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.