WW v Advocate General for Scotland

Personal injury – Provisional damages – Quantum. Court of Session: In a personal injuries action in which the pursuer sought provisional damages for pleural plaques caused by negligent exposure to asbestos dust during his naval service, and in which, shortly before the adjourned proof on quantum alone was due to resume the defender sought leave to have a minute of amendment received, deleting the admission of liability in his defences and adding an entirely new defence based on Crown immunity, the court, having refused to allow the proposed amendment to be received because it came far too late, held that the appropriate figure for an award of provisional damages was £8,500.

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