Rothwell v. Chemical & Insulating Company Limited and
Twelve Others AKA The Pleural Plaques Test Cases (Court of
Appeal)
In January 2006 their Lordships in the Court of Appeal decided
by majority verdict (2:1) that pleural
plaques were not sufficiently significant to warrant a claim
for damages; nor was symptomless pleural thickening. This
overturned the decision in the High Court in February 2005 which
ruled that pleural plaques was a compensatable condition confirming
the practice whereby damages have been awarded for them for over 20
years.
The judgment means that no one suffering from pleural plaques or
symptomless pleural thickening can claim damages in the English
courts. We acted for Ellis Hindson one of the claimants in the
appeal. Mr Hindson is 56 years old and has a high risk (20%) of
suffering from asbestos cancer. We appealed against the High Court
decision awarding him £7,000 final damages – the same as all the
other claimants who were much older, had lower risks and were not
working. Mr Hindson’s case was the only one to succeed. As we had
obtained judgment, whether the pleural plaques was a compensatable
condition was not in issue in his case. The Court of Appeal held
that if pleural plaques were a compensatable condition then the
award of damages given in the High Court and in particular to Mr
Hindson were too low. They gave guidelines as to how damages should
be awarded.
The Court of Appeal is the last arbiter in respect of matters of
quantum. If the House of Lords overturn the Court of Appeal’s
decision, the value of damages in these cases should revert to
their earlier higher level due to Mr Hindson’s successful
appeal.
Mr Hindson’s case was referred back to the High Court for
rehearing on the value of damages in his particular case. The court
is expected to hear the case in early 2007.
For further information or if you believe you have a mesothelioma and asbestos claim, please
contact
Peter Williams, partner on
020 7861 4825 or email peter.williams@ffw.com
You can discuss your mesothelioma compensation claim with any
member of our mesothelioma claims
team by calling freephone 0800 358 3848, email
personalinjury@ffw.com
or complete our short enquiry form.