In a pivotal ruling, the UK Supreme Court has unanimously dismissed the appeal by Scottish Power UK PLC, affirming that the family of Robert Crozier, who died of the asbestos related disease, mesothelioma, is entitled to claim damages under section 5 of the Damages (Scotland) Act 2011. 

The decision clarifies the scope of the mesothelioma exception and reinforces the rights of bereaved families.

Background: Veale and others v Scottish Power UK Plc 
Robert Crozier sadly died of mesothelioma in 2018. He was negligently exposed to asbestos during his employment with Scottish Power between 1969 and 1992. In 2014 he settled a claim for pleural plaques and asbestosis on a full and final basis. Although he had not been diagnosed with mesothelioma at the time, his condition carried a known risk of developing the disease. The effect of the settlement was to discharge Scottish Power from further liability to Mr Crozier in the event that he went on to develop mesothelioma.