Civil jury to hear asbestos death case after appeal fails

The appeal was brought by Robert Nimmo, who employed the late Edward Butt as a joiner in the late 1970s under the business name D&W Nimmo. Mr Butt’s relatives claim he was exposed to asbestos while carrying out renovation works in Glasgow, including cutting ceiling tiles and Asbestolux sheeting, common materials of the era but now known to pose serious health risks.

Mr Butt developed mesothelioma decades later and died in 2021, aged 68. His widow, Barbara MacVicar, is seeking damages for his suffering, funeral costs and losses under the Damages (Scotland) Act 2011.

Mr Nimmo argued that the case should not go before a civil jury because of technical rules in the Prescription and Limitation (Scotland) Act 1973. His position was that the claim relied on a legal provision designed to extend the usual three‑year time limit for personal injury actions, and that such cases must be heard by a judge alone.

However, the court found that the family’s claim had been raised within the normal time limit that applies to cases following a death. Because of that, the rule Mr Nimmo relied on simply did not apply.

Lord Pentland, delivering the court’s opinion, said Parliament’s intention had always been clear: only cases involving disputes about extending the three‑year time limit should be kept away from juries. Since no such dispute existed here, there was “no statutory exclusion” preventing a jury trial.

The judges stressed that the case could proceed without relying on any special time‑extension provisions, meaning the defender’s argument fell away.

With the appeal refused, the case will now move forward to a civil jury trial.

A full case report can be read on Scottish Legal News.