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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll