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Axa General Insurance Limited and Others v. The Right Honourable Elish Angiolini QC and others [2010] CSOH 36


Here a motion was made on behalf of eleven individuals who claimed to have been diagnosed with bilateral pleural plaques caused by negligent exposure to asbestos and who had actions for loss, injury and damage in process or in immediate contemplation for leave to enter the process in terms of Rule of Court 58.8(2). The motion was opposed on behalf of the petitioners on the basis that Rule of Court 58.8(2) did not apply to those persons on whose behalf the motion was made and that it was not in the interests of the expeditious and efficient determination of the cause that these individuals should be given leave to enter the process. Here the court considered whether to grant the motion and, in particular, whether the named persons fell into the category of persons directly affected by the issue raised. Further, the court went on to consider whether the court should exercise its discretion and grant the named persons leave to enter the process.