Asbestos and the choice of law

In Docherty’s Executors & Others v Secretary of State for Business, Innovation and Skills (2018) CSIH57 the Inner House (Appeal Court) overturned the earlier decision of a Lord Ordinary by deciding that the law of the country where the harmful event occurred determined the appropriate lex loci delicti. The original decision had been to the effect that the appropriate lex loci delicti was where the loss ultimately occurred. In short, the Inner House decided that what was relevant was the … Continued