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

Personal injury – Fatal asbestos case – Conflict of laws – Applicable law – Lex loci delicti. Court of Session: Allowing a reclaiming motion 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 Lord Ordinary had erred in holding that the lex loci delicti in the claim against first defender was English law: the delict (or quasi delict) was the defender's act in exposing the deceased to asbestos and that occurred in Scotland, which was thus the locus delicti; wrongful exposure to asbestos in Scotland was, in an action in Scotland, governed by Scots law.

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