Friday, June 7th, 2024
Crozier or Veale v Scottish Power [2024] CSIH 14
In this important reclaiming motion, the Inner House confirmed that the relatives of a man who had died from mesothelioma could make claims for “loss of society” under section 4(3)(b) of the Damages (Scotland) Act 2011, notwithstanding that a claim for pleural plaques had been settled with decree of absolvitor during the course of the man’s life. This was because of the clear wording of section 5(1) of the 2011 Act, which provides an exception where the deceased has died of mesothelioma, even if the deceased was not suffering from mesothelioma at the time of settlement.
It is understood that a number of claims had been sisted pending the outcome of this appeal.
The successful pursuers and respondents were represented by Robert Milligan KC and Gordon Balfour, Advocate, both of Compass Chambers. The defenders and reclaimers were represented by Neil Mackenzie KC and Ewen Campell, Advocate. A copy of the Opinion can be found here.