This Bill was passed by the Scottish Parliament on 21 March 2007
and will come into force when it receives Royal Assent, albeit is
retrospective for all mesothelioma claims settled from 20 December
2006. Until now, a claimant's family members have been unable to
claim for damages for a relative's death from mesothelioma if the
victim's claim has been settled during his lifetime. However, all
live mesothelioma claims raised post this date allow the individual
to claim for damages whilst alive and, on death, for his relatives
to claim damages. The procedure to be adopted in such circumstances
has been considered in the recent Simpson & Marwick case of Dow
v The West of Scotland Shipbreaking Co Ltd & Another. It is
likely that actions raised during the victim's lifetime will be
sisted/stayed until after death to allow the other relatives'
claims to be introduced. In Dow, we argued that on death the
pursuers should be required to notify the court and other parties
as soon as possible to expedite settlement of the relative's
claims. It is hoped that both the victims and relatives claims can
be dealt with in one single action to minimise costs and reserving
difficulties.