Jurisdiction(s):
United Kingdom

UK Supreme Court: relatives may recover under Damages (Scotland) Act 2011 for mesothelioma death despite pre-mesothelioma settlement discharging employer's liability (Veale and others v Scottish Power UK Plc)

Published on: 10 December 2025

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Article summary

Veale and others v Scottish Power UK Plc [2025] UKSC 45 Background

Robert Crozier succumbed to mesothelioma in 2018. In this appeal, the Supreme Court is asked to determine whether his immediate family members can obtain damages from his former employer, Scottish Power UK Plc (Scottish Power), under D(S)A 2011. Crozier worked for Scottish Power from 1969 until 1992. In 2014, he issued proceedings seeking damages against his former employer, having developed pleural plaques and asbestosis as a consequence of exposure to asbestos during the course of his employment. The dispute was settled by agreement between the parties. At the point of settlement, he had not developed mesothelioma; however, the sum paid included compensation reflecting the risk that he might develop mesothelioma in future. By virtue of that settlement, Scottish Power’s liability to Crozier was discharged, with the result that he could not advance further claim against Scottish Power if mesothelioma later emerged. After Crozier’s death, the pursuers, being members of his immediate family, brought a claim against Scottish Power. They seek damages pursuant to D(S)A 2011, s 4(3)(b), for the distress, grief and loss of society caused to them by Crozier’s death...

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