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Personal injury – Provisional damages. Court of Session: In an action of damages for personal injuries arising out of the pursuer having developed an asbestos-related condition, which settled extrajudicially, the pursuer accepting from all three defenders an offer of provisional damages together with a right to apply to the court for further damages if he developed diffuse plural thickening, lung cancer or mesothelioma, the second defenders refused to accept the wording of a draft joint minute as they sought to reserve the right to put the pursuer to proof on liability in the event that he made an application for further damages if he developed any of those three conditions, however the court held that an offer by a defender to make a payment of provisional damages inherently carried with it an admission of liability.
Personal injury – Provisional damages. Court of Session: In an action of damages for personal injuries arising out of the pursuer having developed an asbestos-related condition, which settled extrajudicially, the pursuer accepting from all three defenders an offer of provisional damages together with a right to apply to the court for further damages if he developed diffuse plural thickening, lung cancer or mesothelioma, the second defenders refused to accept the wording of a draft joint minute as they sought to reserve the right to put the pursuer to proof on liability in the event that he made an application for further damages if he developed any of those three conditions, however the court held that an offer by a defender to make a payment of provisional damages inherently carried with it an admission of liability.
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