header-logo header-logo

Crossing the line

13 June 2014 / David Short
Issue: 7610 / Categories: Features , Personal injury
printer mail-detail

David Short examines the possibility of the relatives of mesothelioma victims making claims north of the border

Many of the victims of asbestos induced mesothelioma in England and Wales spent part of their working life in Scotland. Shipyard workers from the north east of England appear to have regularly worked in the shipyards in Glasgow. In doing so they would have suffered exposure to asbestos in the Glasgow yards.

If there was material negligent exposure to asbestos in Scotland, and there has been a concluded litigation in England or Wales by the primary victim and spouse, it is possible for the extended family to raise a second action in Scotland for damages within three years (there are proposals contained in the Court Reform Bill to extend this period to five years) from the death of the primary victim.

Prior to 2006, if a primary victim had settled his or her case during life, the relatives entitled to damages for the death were barred from claiming.

In mesothelioma cases, where diagnosis inevitably means death within

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll