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Pleural plaques success in Scotland

12 January 2010

The Court of Session in Scotland has blocked an attempt by a number of UK insurers to prevent compensation being paid to people diagnosed with pleural plaques.

The Damages (Asbestos-related Conditions (Scotland)) Act - passed on 17 April 2009 - made compensation available for sufferers of pleural plaques in Scotland.

The Act was introduced to overturn a House of Lords decision in the 2007 case of Rothwell, which ended compensation being paid for pleural plaques.

However, before long a number of insurance companies challenged the Act in an attempt to avoid having to pay compensation.

Pleural plaques are areas of scarring to the tissue and lining surrounding the lungs, and indicate exposure to asbestos, although those diagnosed with pleural plaques do not generally have symptoms.

As a result of exposure, people will be at risk of developing a more serious asbestos-related condition such as the cancer mesothelioma. Understandably, this causes a great deal of anxiety and distress.

Following a 22-day hearing, Lord Emslie ruled against the insurers challenges, confirming that they did not come anywhere near the standard of ‘irrationality’ needed to invalidate an Act of the Scottish Parliament.

This is really good news for those in Scotland who have been diagnosed with pleural plaques, but despite extensive lobbying of the Government, it has to date failed to follow the Scottish Parliament’s lead and introduce similar legislation in England and Wales.

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