Docherty and others v Secretary of State for Business, Innovation and Skills

Personal injury – Fatal asbestos case – Conflict of laws – Applicable law. Court of Session: In a personal injury action in which the relatives and executors of a decased mechanical fitter brought claims for damages relating to his allegedly negligent exposure to asbestos, the deceased while working in Scotland having inhaled asbestos fibres that caused injury to his body after he had become resident in England, the court held that the circumstances of the case did give rise to an issue of conflict of laws, but Regulation 864/2007/EC (on the law applicable to non-contractual obligations) had no application to it; under the common law of Scotland the pursuers' claims for reparation for loss arising as a consequence of the allegedly negligent exposure of the deceased to inhalation of asbestos dust during his employment by the defender's predecessor fell to be determined according to English law and their case so far as based on the Damages (Scotland) Act 2011 was irrelevant.

Category: