Crozier or Veale and others (Respondents) v Scottish Power UK Plc (Appellant)

Case summary

Case ID

UKSC/2025/0002

Parties

Appellant(s)

Scottish Power UK Plc

Respondent(s)

Elaine Crozier or Veale & Others

Issue

Does the Damages (Scotland) Act 2011 entitle the relatives of a deceased person to claim damages following his death from asbestos-related mesothelioma, notwithstanding the prior settlement of a separate claim brought by the deceased for other asbestos-related injuries?

Facts

In 2014, Robert Crozier sued the Appellant for damages because he had developed pleural plaques and asbestosis as a result of exposure to asbestos during his employment with the Appellant. Mr Crozier settled that action in 2014. The Appellant was granted a decree absolvitor (a court judgment in its favour). Later, Mr Crozier developed asbestos-related mesothelioma, which led to his death in 2018. The current action is brought by the Respondents, Mr Crozier’s relatives. They seek damages from the Appellant under the Damages (Scotland) Act 2011 (the “2011 Act”) for the loss of society, distress and anxiety caused to them by Mr Crozier’s death. Scottish law generally prevents relatives from claiming personal injury damages if the injured person has already settled their claim. However, the 2011 Act included an exception where “the personal injury in consequence of which the deceased died is mesothelioma”. At first instance, the Lord Ordinary found that this exception applied. Therefore, the Respondents could bring their claim against the Appellant. The Appellant reclaimed (appealed) but was unsuccessful. The Inner House upheld the Lord Ordinary’s decision, but granted the Appellant permission to appeal to the Supreme Court.

Date of issue

2 January 2025

Case origin

Appeal As of Right

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