header-logo header-logo

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

Crossing the line

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

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
back-to-top-scroll