Harris v Advocate General

Personal injury – Pleural plaques – Final award – Quantum. Court of Session: In a action in which the pursuer, who developed pleural plaques as a result of negligent exposure to asbestos during his employment by the Ministry of Defence, sought a sum in full and final settlement of his claim for damages, the court concluded that the correct approach to the assessment of damages was to take the approximate full value for each of the two conditions, mesothelioma and lung cancer, which the pursuer had an increased risk of developing, and apply the appropriate percentage risk to the full value of each condition; an appropriate award for provisional damages would have been £7,500; and onto that sum should be added 5.2% of £66,000 (the agreed full value for in respect of both conditions), ie £3,432.

Category: