Family of asbestos victim succeed in Supreme Court case

Robert Crozier died of mesothelioma in 2018. In the appeal the court was asked to decide whether his immediate family members could claim damages from his former employer, Scottish Power UK Plc, under the Damages (Scotland) Act 2011.

Scottish Power had argued that damages were precluded by section 4(2) of the 2011 Act. Section 4(2) sets out a general rule preventing relatives from claiming damages for personal injury if the injured person has already settled their own claim for damages arising out of the same wrongdoing. The pursuers relied on section 5 of the 2011 Act, which provides an exception to the rule in section 4(2) where the deceased has died from mesothelioma.

The Supreme Court, however, dismissed Scottish Power’s appeal, holding that the pursuers could claim damages under the 2011 Act for the distress, grief and loss of society caused to them by Mr Crozier’s death.

The condition in section 5(1)(a) of the 2011 Act was met since there is no need for Mr Crozier to have been suffering from mesothelioma at the time when his claim against Scottish Power was discharged.

Jennifer Lilly a senior lawyer at Thompsons Scotland, solicitors for the respondents, said: “Thompsons are delighted that the Supreme Court has upheld the decision of two previous Scottish courts and dismissed Scottish Power’s invidious attempt to deny the families of those who have lost their lives to mesothelioma their rightful compensation.

“This decision will provide comfort and certainty to the hundreds of Scottish men and women diagnosed every year with asbestos-related conditions as to how the law can protect their families in the event of the worst happening to them.”