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Elizabeth Stuart and Others v. The Advocate General [2009] CSOH 15


Proof:- This was an action for damages for reparation against the Advocate General for Scotland representing the Ministry of Defence and the Department of the Environment at the instance of the executors of the late George Smith Stuart who died in December 2007. The claim related to rights to damages in respect of personal injuries which were vested in the deceased immediately before his death and transmitted to his executors in terms of section 2(1) of the Damages (Scotland) Act 1976, as amended. At proof it was agreed that the deceased was employed by the Ministry of Defence and the Ministry of the Environment and in the course of that employment he was exposed to asbestos dust, and that the exposure was negligent, and that as a result of the exposure the deceased developed asbestosis. The claim for damages was made in respect of loss of respiratory function and consequent disability due to the deceased's asbestosis during the last eighteen months of his life. Here the court considered the level of damages to be awarded.