Arnot Manderson Advocate Neil Mackenzie successfully defended St Andrews University against a £180,000 claim for damages made by one of its former lecturers.  He claimed that he had been exposed to asbestos during refurbishment works to a historic University building in the 1970¹s and that, as a result, he developed peritoneal mesothelioma, which is a fatal condition.  After an 8 day Proof in November last year, Lord Pentland rejected that claim.  He found that the pursuer had not proved his case.

The case demonstrates the difficulty of attempting to prove a case after nearly 40 years: evidence is lost and memories fade. Lord Pentland also considered what a pursuer requires to prove, in order to establish causation in mesothelioma cases.  The Opinion is to be found at http://www.scotcourts.gov.uk/search-judgments/judgment?id=a35001a7-8980-69d2-b500-ff0000d74aa7