The family of a man exposed to asbestos during his career, who subsequently died of mesothelioma have been awarded substantial damages for “loss of society”.
70 year old James Gallagher, from Ayrshire, died in Crosshouse Hospital from cancer, which his family claimed was linked to working with S C Cheadle Hume Ltd and other employers.
The Court of Session judge ruled that his widow Margaret Gallagher should receive £80,000 and that each of their four children should each get £35,000 – Mr Gallagher’s seven grandchildren were also awarded damages.
The awards were made under section 4(3)(b) of the Damages (Scotland) Act 2011 and based on previous case law.
Lord Uist noted that the assessment of a “loss of society” award under section 4(3)(b) of the 2011 Act was a challenging task for a judge, and said:
“The reason for that is that it involves assessing financial recompense for a non-financial loss. Such an assessment is akin to, but in my opinion even more difficult than, the assessment of solatium for a physical or psychological injury,”
Other heads of damages which were to be paid to Mrs Gallagher had already been agreed, which included £65,000 transmissible solatium for acting as the executrix of her late husband, £69,432 for past loss of support to the date of the proof, £95,554 for future loss of support from the date of the proof, and funeral expenses.
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