2nd report, 2003: Petition PE336 on civil justice for asbestos victims.

Scottish Parliament papers Session 1 (2003) 734

Format:

Corporate Author:

Scotland Scottish Parliament Justice 2 Committee

Author:

McNeill Pauline convener

Publisher:

TSO (The Stationery Office)

Petition PE336 was submitted to the Parliament on 22 January 2001 by Frank Maguire of Thompsons solicitors on behalf of Clydeside Action on Asbestos. The petition was concerned that the civil justice system is not delivering justice to asbestos victims because of "its failure to properly identify the real issues in such cases, leading to delay and denial of adequate compensation". The Committee recognise that the rules of court are a matter for the court and are an important principle to which the Committee adheres. However, in light of the significant public concern about asbestos exposure and in the interests of justice for the victims, the Committees recommendations are: an abbreviated form of the Coulsfield procedures to enable mesothelioma cases (and other cases with similar characteristics) to be heard within six months; an "by order" hearing about 6 weeks before this at which the judge could issue directions where this is petitioned for by either party; the same judge to preside at the by order hearing and the diet of proof; additional defenders to be brought in under the third party procedure only with the leave of the court; and greater use of the powers in section 1A of the Administration of Justice (Scotland) Act 1972.