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Case review 23/03/2022
The recent Court of Session (Outer House) decision in this case highlights the difficulty a claimant faces in establishing foreseeability of asbestos related injury in circumstances where the claimant’s exposure to asbestos has been low level and took place prior to 1965.
The Scottish Law Commission's 'Discussion Paper on Damages for Personal Injury' has been published and is open for comments until 15 June 2022.
Case review 03/02/2022
The recent High Court decision in the case of Haggerty-Garton and Others against Imperial Chemical Industries Limited provides a stark reminder of the increasingly widening gulf in the level of damages in fatal claims between Scotland and England. For the first time an English Court applied Scots law in quantifying damages in a mesothelioma claim, awarding sums far greater than what would have been recoverable under the laws of England and Wales.
The appointments of Gavin Henderson and Daniela Fusi, both formerly Clyde & Co (Scotland) partners, takes the total number of fee earners to 23 across our offices in Edinburgh and Glasgow, with more new fee earners expected to join in the coming months as we enjoy another record year.