Scottish courts for civil appeals, say SNP

Fresh call for end to House of Lords appeals follows asbestos ruling

News, 9 May 2006

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The SNP has called for an end to civil appeals in Scottish cases to the House of Lords.

Justice spokesman Kenny MacAskill made the call following the Law Lords' ruling last week in an English appeal that will affect payouts to victims of asbestos-related disease who have had several employers who each could have contributed to the cause.

The Lords ruled that each should be liable only for a proportionate share. The Scottish judge Lord Rodger dissented on the basis that this conflicted with Scots law.

Vvictims' representatives fear the decision will affect claims brought in Scotland and reduce compensation payments for victims.

Mr MacAskill said the House of Lords appeal was an anomaly and it was time for this to be tackled. Criminal case appeals are decided in Scotland.

He added that Scotland did not need a final court of appeal based in a foreign land that didn't understand the different circumstances.

A spokesperson for the Scottish Executive said the decision to vote on which court should be the highest court of civil appeal had been voted on by the parliament in both 2004 and 2005. It had been agreed that a Supreme Court, independent from the House of Lords, would be the most effective way of deciding the most difficult legal cases.

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