Family of asbestos victim wins landmark case against Scottish Power at Supreme Court

Key Points

Robert Crozier sued Scottish Power in 2014 for pleural plaques and asbestosis, settled the claim
In 2018, Mr Crozier developed asbestos-related mesothelioma and subsequently died, prompting his relatives to bring a fresh claim for damages
Scottish law normally bars relatives from claiming personal injury damages if the claimant has already settled a related claim
But there is an exception allowing relatives to claim if the ‘personal injury in consequence of which the deceased died is mesothelioma’
The Supreme Court unanimously concluded that the mesothelioma exception applied, allowing the relatives’ claim to proceed

The family of a man who died from lung cancer caused by exposure to asbestos has won a landmark case to claim compensation from Scottish Power.

Robert Crozier worked as a mechanical fitter for the energy company at plants across Scotland between 1969 and 1992.

In 2014, Mr Crozier sued Scottish Power for damages, having developed pleural plaques and contracted asbestosis as a result of being exposed to asbestos at work.

The claim was settled, with damages included relating to the risk of his developing mesothelioma in future.

Mesothelioma is a cancer in the lining that covers the outer surface of some of the body’s organs – it’s usually linked to asbestos exposure.

This settlement also removed Scottish Power’s liability so that Mr Crozier could not claim further damages if he went on to develop the deadly cancer.

He died of asbestos-related mesothelioma in 2018, aged 79.

His family then brought a claim against Scottish Power to seek damages for the distress, grief and loss caused to them by his death.

In response, the company argued that loved ones of mesothelioma victims were entitled to no compensation if a claim had previously been made and settled for a different asbestos condition.

The Supreme Court has now unanimously dismissed Scottish Power’s appeal and ruled that the family can claim damages.

The ruling could allow the other families who have lost loved ones to the asbestos illness to claim millions of pounds in compensation.

‘My dad was never silent in the face of injustice’

Mr Crozier’s daughter, Elaine Veale, said the judgment “brought an intense feeling of hope”.

“My father was a quiet man, but never silent in the face of injustice”, she said.

“The news of his win brought an intense feeling of hope and comfort after years of non-relenting struggle to bring power to account.

“We mourn the time we were supposed to have as a family with my dad, which makes the conduct of Scottish Power all the more difficult to bear. In my opinion, the lengthy duration of the process to bring about justice was uncaring and disrespectful on the part of Scottish Power, as it was their deliberate actions that delayed resolution and closure.

“My dad always stood up for what was right, and his belief in justice will now become part of his legacy.

“He would be profoundly touched to know that his story will help other families who find themselves in this nightmare situation. I’m relieved to say aloud, “You did it, Dad, you won”.

Thompsons Solicitors, who are representing 18 families who have challenged Scottish Power, hailed the legal win as truly historic after an eight-year-long fight against the energy giant.

‘Truly historic’

Jennifer Lilly, a senior lawyer at Thompsons Scotland, added: “Thompsons are delighted that the Supreme Court has upheld the decision of two previous Scottish courts and dismissed Scottish Power’s invidious attempt to deny the families of those who have lost their lives to mesothelioma their rightful compensation.

“This decision will provide comfort and certainty to the hundreds of Scottish men and women diagnosed every year with asbestos-related conditions as to how the law can protect their families in the event of the worst happening to them.”

Scotland’s largest asbestos charity, Action on Asbestos, commented: “Today’s legal victory is simply marvellous news for families across Scotland whose lives have been scarred by the blight of asbestos illness.

“Companies like Scottish Power will now have to fully live up to their legal obligations to properly compensate the loved ones of their former employees who have died of this awful illness.”

A spokesperson for Scottish Power said: “We settled Mr Crozier’s claim for asbestosis in 2014, and part of that settlement included the risk of going on to develop mesothelioma. Today’s judgment relates specifically to a technical legal point in relation to the interpretation of the Damages (Scotland) Act 2011 and future claims by relatives of those affected.

“We understand this has been a difficult time for Mr Crozier’s family. This was an important test case as to how the legislation is interpreted, and we welcome the clarity it provides.”