Fraser v Kitsons Insulation Contractors Ltd

Personal injury – Provisional damages – Tender and acceptance. Court of Session: In a personal injury action by a pursuer who had developed pleural plaques as a result of his exposure to asbestos, in which the pursuer accepted the defenders' tender of £7,000 provisional damages and enrolled a motion for decree in terms of the minute of tender and minute of acceptance, the court concluded that it should pronounce decree in terms of those minutes and make an order that the pursuer could apply for further damages if he developed either mesothelioma or bronchial carcinoma, rather than the wider order he sought reserving to him the right to apply for further award of damages if he developed 'an asbestos-related condition other than pleural plaques'.

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