Asbestos pleural plaque
sufferers in England and Wales will not be able
to recover compensation unless they had begun, but not
resolved, a legal claim before the House of Lords
decision in October 2007, according to Justice Minister, Jack
Straw.
The Lord Chancellor and
Secretary of State for Justice issued a
statement today confirming that the Government would not
reverse the House of Lords decision to bar those from bringing
claims for compensation for pleural plaques in England and
Wales.
Only a limited number
of victims who had begun but not resolved a legal
claim before the House of Lords decision in October 2007 in
relation to their pleural plaques claims will receive a payment of
£5,000 under an extra Statutory scheme. This only applies to
England and Wales.
Compensation available in
Scotland
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Legislation by the Scottish
Parliament mean those in Scotland can still claim full
compensation. The Northern Ireland assembly have promised a similar
move.
The announcement comes with
commitments to speed up mesothelioma claims in the Courts and
improve the tracing of Employer's Liability insurance through the
establishment of an Employer's Liability Tracing Office (ELTO) and
the possible establishment of an Employer's Liability Insurance
Bureau (ELIB). In addition payments under the Pneumoconiosis
(Workers' Compensation) Act 1979 and the 2008 Mesothelioma Scheme
are to be increased.
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| Legislation by the Scottish Parliament mean those in Scotland
can still claim full compensation. The Northern Ireland assembly
have promised a similar move. |
Justice Minister
Jack Straw
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The announcement comes with
commitments to speed up mesothelioma claims in the Courts and
improve the tracing of Employer's Liability insurance through the
establishment of an Employer's Liability Tracing Office (ELTO) and
the possible establishment of an Employer's Liability Insurance
Bureau (ELIB). In addition payments under the Pneumoconiosis
(Workers' Compensation) Act 1979 and the 2008 Mesothelioma Scheme
are to be increased.
Peter
Williams, partner specialising in asbestos
disease claims, acted for Elllis Hindson, the last pleural
plaques sufferer to gain compensation in the English Courts in
March 2007 following a Court of Appeal decision in Hindson v
Pipehouse Wharf Limited.
Peter says :-
"Whilst we welcome any
initiatives to help the plight of mesothelioma sufferers, this
statement provides no comfort to those with pleural plaques who can
no longer claim compensation in England and Wales. This decision
leaves thousands without compensation for recognisable damage to
their lungs caused by asbestos exposure through no fault of their
own simply because they live in the wrong part of the UK".
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Campaigners at the Third Pleural Plaques
Lobby outside the House of Commons on 28 October 2009
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