Background of the Crozier Family's Compensation Battle
When the relatives of Robert Crozier discovered they were entitled to claim damages from Scottish Power following his death due to asbestos exposure, they believed their eight-year pursuit of justice had concluded.
The landmark Supreme Court ruling not only affected their case but also established a precedent enabling other families to claim damages from various companies.
Scottish Power has indicated it hopes to move forward in the coming weeks; however, six months after the ruling, the Crozier family expressed their frustration, stating they are "disgusted" at having received no compensation to date.
Robert Crozier's Employment and Health Issues
Robert Crozier, from Livingston, was employed by Scottish Power as a mechanical fitter from 1969 until 1992. Throughout his career, he was exposed to asbestos, a natural fibrous mineral commonly used in construction materials but known to be toxic and carcinogenic.
In 2014, Robert successfully claimed compensation from Scottish Power after developing pleural plaques—scar tissue on the lining of the lungs—and asbestosis, a lung disease caused by asbestos exposure.
This settlement included damages related to the risk of developing mesothelioma, an aggressive cancer primarily caused by asbestos exposure.
The settlement prevented Robert from claiming damages if he later developed mesothelioma, which is why he pursued compensation for the risk itself.
Robert's Decline and Death
Robert, known to his loved ones as Elliot, passed away in 2018 at the age of 79.
His youngest daughter, Gwen Lamb, described witnessing his deterioration as "horrific."
"We watched him going from being a very healthy, happy person to a very frail, sick man that was in pain constantly.
With the amount of painkillers he was taking, he was hallucinating.
The worst day ever was the day that he was shouting at me, 'get Gwen, get Gwen', and I was standing in front of him."
Before his death, Robert made his family promise to pursue their own separate claim against Scottish Power.
Gwen explained,
"He felt that he wasn't going to be around to help us or to be there for us and he felt that this was the last thing that he could do for us.
He knew that it would help other people to make sure this went through for him."
Legal Arguments and Supreme Court Decision
Scottish Power contended that the family was not entitled to additional compensation due to the prior settlement.
However, their lawyers, Thompsons Solicitors, argued that under the Damages (Scotland) Act 2011, an exception applies when the deceased died from mesothelioma.
The case took nearly eight years to reach the Supreme Court. In December, the judges rejected Scottish Power's argument and ruled in favor of the Crozier family.
At that time, a Scottish Power spokesperson stated,
"We understand this has been a difficult time for Mr Crozier's family.
This was an important test case as to how the legislation is interpreted and we welcome the clarity it provides."
Ongoing Delays and Lack of Communication
Despite the ruling, Thompsons Solicitors report minimal communication from Scottish Power since the decision.
Associate Jennifer Lilly expressed surprise at the delay, noting that although there was no precedent for such a case, they expected a settlement proposal by now.
"We have no indication of what they're waiting on. We have no idea why it's taken them so long to make settlement proposals," she said.
"We're at a loss and therefore it's difficult for us to advise the client about why there's a further delay."
Following the Supreme Court judgment, other families represented by Thompsons have successfully claimed damages from other companies for mesothelioma-related deaths.
Family's Frustration and Scottish Power's Response
Gwen Lamb expressed her growing frustration with Scottish Power's handling of the case,
"I'm just completely disgusted by the company.
Because at the time they made out that the reason they were doing this was a point of law they wanted to have confirmed, that there was really no malice towards the family.
You would have thought if that was the case, once it was confirmed, what was the reason then not to just pay out and put an end to our suffering?
But they haven't done, so it is now starting to feel very personal. Why are they doing this to us?"
A Scottish Power spokesperson responded,
"We understand this has been a difficult time for Mr Crozier's family while the final legal procedures between solicitors have been ongoing to together resolve some outstanding issues related to the UK Supreme Court determination.
We have responded promptly to the family's solicitors and expect to be able to proceed in the coming weeks once the ongoing court matters have concluded."
