Significant Increase in Damages Awarded by Court of Session in Fatal Asbestos Claims

Two recent cases have marked a distinct increase in the amount of compensatory damages awarded in fatal cases.   Both cases concerned section 4(3)(b) of the Damages (Scotland) Act 2011, which allows family members to claim damages for distress and anxiety, grief and sorrow, and loss of society and guidance following the death of their loved one. […]

Epidemic? Asbestos Still A Serious Problem in Scotland

Scotland has a long, proud industrial history: our shipyards, coal mines and steel works have shaped our nation’s economy and society over the years. Unfortunately for the people of Scotland, much of that industry has gone and left behind a legacy of asbestos-related disease. Even more unfortunate is that the most common asbestos-related disease, mesothelioma, is […]

Mesothelioma Claims: Scottish Courts Take Different Approach Towards Fatal Awards

In the recent case of Joseph McCarn and Others v The Secretary of State for Business, Innovation and Skills [2014] CSOH 121, the Court of Session has provided guidance on fatal awards in Scotland. The children of the late Mr McCarn, who died in 2009, aged 69, from mesothelioma due to asbestos exposure during the course of his employment […]

Scottish Asbestos Claims – Find Out Why When You Were Exposed Matters

Claimants making asbestos claims may have no legal right to compensation where at the time of exposure levels of protection offered by employers would have been considered adequate, albeit considered negligent by today’s standards. In McGregor v Genco, the Court highlighted this point, underlining the importance that all claims must be looked at individually, on a case-by-case basis, […]

Mesothelioma scare with small fibres made to toughen bike frames and hockey sticks

Small fibres which are made to toughen bike frames and hockey sticks have been identified as a possible cause of asbestos like cancer.  The carbon nanotubes which are used for strengthening tennis rackets and as a possible item for bullet proofing clothing have been found to cause harm in mice if the longer nanotubes become […]