The UK Supreme Court has issued a landmark judgment in Veale & Others v Scottish Power UK Plc (also sometimes referred to as “Crozier & Ors v Scottish Power UK Plc), providing crucial clarity and long-awaited reassurance for families affected by asbestos exposure. The decision confirms that where a victim previously settled a claim for an asbestos-related condition such as pleural plaques or asbestosis, their family is not barred from bringing a later mesothelioma claim if the victim sadly develops the disease and dies from it. This ruling strengthens the important statutory protections that exist for mesothelioma sufferers and their families under the Damages (Scotland) Act 2011, and it closes the door on attempts to narrow the scope of those protections.
What the Case Was About?
The case centred on a former Scottish Power employee who settled a claim in 2014 for asbestos-related conditions he had at that time. Years later he tragically developed mesothelioma, a cancer caused solely by asbestos exposure and died in 2018. His family brought a separate claim for damages arising from his mesothelioma-related death.
Scottish Power argued that because he had previously settled a “full and final” claim, his family could not raise a new action.
The Supreme Court rejected that argument.
The Court confirmed that the Damages (Scotland) Act 2011clearly intended to ensure that families retain the right to claim where mesothelioma develops after an earlier settlement for a different asbestos-related injury. Mesothelioma is a distinct disease, with devastating consequences, and the law recognises that its late onset should not unfairly prevent families from obtaining justice.
Link to Judgment : Elaine Crozier or Veale and others v Scottish Power UK Plc
Why Does This Decision Matter?
The Supreme Court’s ruling is a significant victory for fairness. Many victims exposed to asbestos decades ago develop mesothelioma long after initial symptoms appear. It is common for people to settle claims for early asbestos-related conditions without any sign of mesothelioma at the time.
Without this judgment, families across Scotland could have faced barriers to obtaining rightful compensation following a loved one’s death. The ruling restores the law’s original intention: to protect victims, not defendants, from the unpredictable and often delayed nature of asbestos disease.
The Family’s Perspective: “You did it Dad, you won.”
The Crozier family have spoken powerfully about what this judgment means to them after years of fighting for justice:
“My father was a quiet man, but never silent in the face of injustice. The news of his win reached me in New Zealand in the early hours. It brought an intense feeling of hope and comfort after seven years of non-relenting struggle to bring power to account. It is especially poignant for our family at this time of year as by now his bags would be packed with his summer clothes, to arrive in New Zealand in January and spend the warm season with us.
We mourn the time we were supposed to have as a family with my dad, which makes the conduct of Scottish Power all the more difficult to bear. In my opinion, the lengthy duration of the process to bring about justice was uncaring and disrespectful on the part of Scottish Power, as it was their deliberate actions that delayed resolution and closure.
My dad always stood up for what was right and his belief in justice will now become part of his legacy. He would be profoundly touched to know that his story will help other families who find themselves in this nightmare situation. I know my dad would be immensely grateful, as are we, for the hard work of the team at Thompsons Scotland. With their help, I’m relieved to say aloud, ‘You did it dad, you won.’”
Their words highlight not only the legal significance of the case, but the profound emotional weight carried by families who endure loss, delay and uncertainty in the pursuit of justice.
Laura Blane
Laura Blane
Leading specialist in asbestos claims, welcomed the decision:
“This judgment is hugely important for families who have already suffered so much. Mesothelioma is a uniquely cruel disease, its late onset means that many people settle earlier claims long before they have any idea what lies ahead. The Supreme Court has rightly recognised that the law must continue to protect these families, not restrict them. Thompsons Scotland has fought for decades to secure justice for asbestos victims, and this ruling is another vital step in ensuring their rights are upheld.”
A Step Forward in the Fight for Justice
This decision reinforces a principle long advocated by Thompsons: no family should be denied justice because a loved one acted reasonably in settling an earlier claim at a time when mesothelioma was not even diagnosed.
Thompsons Solicitors Scotland will continue to stand with asbestos victims and their families, ensuring they receive the support, recognition and compensation they deserve. If you or a family member has been affected by asbestos exposure, our specialist team is here to help.
