The Inner House have today held that in an action for damages
arising from wrongful exposure to asbestos in Scotland, when a
disease manifests at a later date creating a right of action,
irrespective of whether the claimant continues to reside in
Scotland or has moved to some other country, Scottish Law will
determine the assessment of damages.
The unanimous Opinion of Lord President Carloway, Lord Menzies
and Lord Brodie reverses the proposition which was accepted by Lord
Ordinary Tyre, instead concluding that it is the law of the place
where the harmful event took place (i.e. the breach of duty, namely
exposure to asbestos) that determines the locus delicti and
accordingly choice of law provisions, rather than the law of the
place where the loss eventually occurred (i.e. where the claimant
is when the condition develops).
