Hogg, Martin

English

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.</p

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

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