In October, the Law Lords ruled that sufferers of pleural plaques
should not be awarded compensation, as pleural plaques is not a
disease. This month, the Scottish government announced it intended
to introduce new legislation, reversing the Law Lords’ ruling.
Pleural plaques are a scarring of the lung tissue resulting from
asbestos exposure but which does not
cause breathing difficulties. In some cases, people suffering from
pleural plaques may go on to develop the asbestos cancer of
mesothelioma years later or they may
develop anxiety or psychiatric illness in apprehension of this
risk.
The Scottish government has previously shown its commitment to
sufferers of pleural plaques by making the drug Alimta readily
available to them.
Andrew Morgan from Field Fisher Waterhouse commented:
"The English Court of Appeal, in the Pleural Plaques Test
Cases, ruled that these claims, taking account of anxiety and
future risks, can be valuable. After that decision we recovered
£26,000 for our client Mr Hindson, for instance. But the Court of
Appeal said that these claims should not be allowed, for reasons of
public policy, generating a massive windfall for insurers. The
House of Lords rejected this "policy" approach but went on to say
that "Pleural Plaques" do not amount to a compensatable injury at
all. This decision has now been followed in the Scottish
Courts.
This announcement from the Scottish Government is therefore
welcome news for Scottish sufferers. It also adds to existing
pressure in England and Wales from MPs, Trades Unions, victim
support groups and others for Parliament to overturn the House of
Lords judgment, seen by many as being unjust. It raises the absurd
prospect of being able to sue a UK company in Scotland for pleural
plaques arising as a result of exposure in a factory in Scotland
but not being able to sue the same company for the same injury
arising in a similar factory in England".
For further information, please contact Andrew Morgan, Rodney
Nelson-Jones or Peter Williams on
020 7861 4000.