News In Focus
17 September 2004
New system recommended for asbestos cases
The findings conclude 20 months of investigation following a public petition lodged on behalf of Clydeside Action on Asbestos in January 2001.
The Committee has welcomed the Lord President’s proposals to reform the Court of Session rules for personal injury cases. However, the report also calls for additional changes in cases of mesothelioma (the most serious disease arising from asbestos exposure) where life expectancy may be 12 months or less.
Committee Convener Pauline McNeill said: “The Working Party under Lord Coulsfield has made a number of good proposals that our Committee believes will help deal with the majority of asbestos cases more efficiently.
“However, under the new procedures cases will still take a minimum of 12 months to come to a hearing. Crucially, we believe that a faster system is required for those cases where life expectancy is less than 18 months. The system we propose will help those who have no time to spare on court proceedings to reach a rapid conclusion to their claims.”
The Committee’s recommendations include establishing special additional procedures to speed up mesothelioma claims, building on and consistent with the general procedures for personal injury claims.
In practice this would include:
- a date for the proof hearing to be set within six months, rather than 12 months as will be the norm under the new rules
- a preliminary hearing with a judge six weeks before the hearing date to ensure the case is ready and to encourage out of court settlement
- new powers for the judge at that hearing to issue directions to either party to ensure that the case can proceed
- provision for the judge at the preliminary hearing to be the same judge as will sit at the actual hearing
The Committee also recommends including within the proposed fast track procedure other personal injury cases with similarly short life expectancy caused by the subject of the claim.