Asbestos Related Conditions and the Idea of Damage in the Law of Delict

Martin Hogg

Research output: Contribution to journalArticlepeer-review

Abstract

This article examines the Damages(Asbestos-related Conditions)(Scotland) Bill, the intention of which is to overturn the decision of the House of Lords in Johnston v NEI International [2008] 1 AC 281. It is suggested that the Bill is flawed. It is wholly inconsistent with the common law concept of damage and runs counter to the position taken in jurisdictions with a greater experience of asbestos related conditions.

Original languageEnglish
Pages (from-to)(News) 207-12
Number of pages5
JournalScots Law Times
Publication statusPublished - 2008

Keywords

  • delict
  • damage
  • asbestos

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