Andrew K MacMillan

Andrew MacMillan Secures Highest Reported Awards in Scotland for the Family in Mesothelioma Case


Lord Uist’s decision in the Court of Session case Gallagher and Others v SC Cheadle Hulme Ltd and Others [2014] CSOH 103, was advised on 24 June 2014.

This opinion contains the highest reported awards in Scotland in terms of section 4(3)(b) of the Damages (Scotland) Act 2011 for the family in a mesothelioma case. The section 4(3)(b) awards for the family were as follows:

  • widow £80,000 plus interest;
  • four children aged 40, 45, 48 and 50 each awarded £35,000 plus interest;
  • and seven grandchildren:
    • two aged 16 and 27 in special category each awarded £25,000 plus interest,
    • three aged 12, 15 and 26 each awarded £12,000 plus interest and
    • two aged 3 months and 2 years each awarded £2,500 plus interest.

Counsel for the defenders had argued that much lower awards should be made. An award was made of £65,000 for transmissible solatium and various other awards were made for past and future loss of support, services in terms of section 8 and 9 and funeral expenses. The total award to the family together with interest to the date of decree was just over £630,000.

Andrew MacMillan (pictured) who was instructed for the pursuers said “This authority may be of much assistance to other families who are seeking compensation for the loss of their loved ones to such a terrible disease.”