George Docherty And Others Against The Secretary Of State For Business, Innovation And Skills

JurisdictionScotland
JudgeLord Tyre
Neutral Citation[2018] CSOH 25
Date21 March 2018
Docket NumberPD2099/14
CourtCourt of Session
Published date21 March 2018
OUTER HOUSE, COURT OF SESSION
[2018] CSOH 25
PD2099/14
OPINION OF LORD TYRE
In the cause
GEORGE DOCHERTY and OTHERS
Pursuers
against
SECRETARY OF STATE FOR BUSINESS,INOVATION AND SKILLS
Defender
Pursuers: Marshall, (sol adv); Thompsons
Defender: O’Brien QC; Clyde & Co
21 March 2018
Introduction
[1] Where a man, while working in Scotland, inhales asbestos fibres that cause injury to
his body after he has become resident in England, which law is applicable to determine the
admissibility of claims for damages made by his executors and relatives after his death?
[2] Mr James Docherty (“the deceased”) died on 30 September 2011. A post mortem
examination disclosed the presence of pleural plaques and indicated levels of asbestos
exposure generally associated with asbestosis. It is averred by the pursuers that the
deceased was a mechanical fitter who served an apprenticeship with Scotts Shipbuilding
and Engineering Company in Greenock (for whose liabilities the defender is now

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