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 a fairly short period of time, this forced a dying
