Pleural Plaques Claims to Continue in Scotland
| 
| 
A Court of Session decision on the 12th April 2011 means that Scottish sufferers of asbestos related pleural plaques will be able to continue to claim compensation for their condition.
Pleural plaques are scars on the lining of the lungs caused by exposure to asbestos dust. It used to be possible to bring a compensation claim for pleural plaques until a House of Lords decision in October 2007 ended a 20 year history of such claims. Their Lordships decided that pleural plaques were typically symptomless and should not be considered a compensatable condition. This decision prevented future pleural plaques sufferers from pursuing a claim and many people, who were already in the process of bringing a claim, were left uncompensated. This decision led to campaigning by trade unions, claimant solicitors, asbestos support groups and many other interested parties who wanted to see the decision reversed.
In March 2009 a law was passed in Scotland overturning the House of Lords decision and allowing claims to continue in Scotland. This effectively created a postcode lottery for pleural plaques sufferers with those living in Scotland being able to pursue a claim against their former employers who exposed them to asbestos dust and those living elsewhere in Britain being prevented from doing so. The change of law in Scotland led to several insurance companies launching legal action to try and reverse this decision. The Insurance companies argued that the law was “flawed” but the Court of Session upheld the Scottish Parliament’s decision to allow pay outs.
In England and Wales pleural plaques sufferers are not in such a fortunate position. Last year the government indicated it would not overturn the House of Lords decision but confirmed that they would establish a scheme to make a one off payment of £5000 to a limited category of individuals who were diagnosed with asbestos related pleural plaques before the 17th October 2007 and who were in the process of bringing a claim for that condition when the law was changed. Full eligibility criteria can be found on the Ministry of Justice website. It is essential that anyone who believes they may be entitled to a payment under this scheme checks their eligibility, as a mater of urgency, as applications must be submitted by 1st August 2011.
There is now a clear distinction between those living with pleural plaques in Scotland who can bring a claim and those living in England and Wales who continue to be deprived of compensation. Without a doubt, this decision will be a great relief for many pleural plaques sufferers in Scotland, however, the insurance companies involved have indicated that they intend to pursue the matter to the Supreme Court in London.
First Minister, Alex Salmond, has vowed to continue to fight for asbestos sufferers and was quoted on the 21st April 2011 as saying: “I am proud to be First Minister of a country where the rights of people with industrial injuries come before the financial interests of insurance companies and I would say this to those determined to make victims suffer for as long as possible – stop torturing the sick and start respecting the democratic right of the Scottish people to pass legislation.”
The situation in Northern Ireland with regard to pleural plaques is also in a state of uncertainty. The Attorney General, John Larkin QC, has recently referred the Damages (Asbestos-Related Conditions) Bill to the UK Supreme Court to clarify whether two clauses in the Bill are within the law making powers of the Northern Ireland Assembly. The Bill seeks to allow those with pleural plaques to pursue claims against those who negligently exposed them to asbestos. The Attorney General has said: “...referring this Bill now will ensure that everyone interested in this issue including people with pleural plaques, employers and insurers will be able to move forwards swiftly on a sound legal basis following the Supreme Court’s decision. Without this Reference being made now those most affected by the asbestos-related conditions covered by the Bill would if the experience of Scotland is any guide, have to endure lengthy delays while the outcome of legal challenges by insurance companies were resolved in the lower courts and on appeal."
The case is due to be heard on 13-15 June 2011.
Contact details:
Telephone: 0151 227 1214
Email: jw@johnpickering.co.uk
Website:www.johnpickering.co.uk
FREEPHONE:0800854201
www.mesotheliomaadvice.co.uk
About John Pickering and Partners LLP
John Pickering and Partners LLP- Specialist mesothelioma compensation solicitors
We are a dedicated personal injury law firm who do not do other types of work. We specialise in claiming damages for asbestos sufferers. We have been handling compensation claims for industrial disease for over 30 years. Most of our work involves acting for asbestos disease victims who suffer from mesothelioma, lung cancer, asbestosis and pleural thickening. We only act for the sufferers of asbestos diseases and never act for the organisations that caused the asbestos exposure or their insurers. We have an ethical approach and donate 10% of our net profits every year to good causes that help asbestos sufferers. We have set up a charitable trust to help to fund medical research into mesothelioma and various organisations that help and support asbestos sufferers and their families.
Find out more about our donations to good causes. We have also been involved in most of the landmark judgments that shape this area of law. Find out more about us or our reported cases. We are on the panels of several asbestos support groups and are ranked highly by legal guides. Find out more about what others have said about us.
John Pickering and Partners LLP is a niche legal practice that has represented Claimants in the leading asbestos "test cases" in the last ten years. The firm represented Sylvia Barker in Barker v Corus (UK) Plc, a case that highlighted the legal tactics of employers and insurers trying to cut back their compensation liabilities to mesothelioma sufferers, and which prompted the amendment of the Compensation Act 2006 to ensure full compensation for mesothelioma claims. The firm represented two of the three Claimants in the landmark Fairchild appeal, in which the insurance industry tried unsuccessfully to block compensation altogether for mesothelioma sufferers unable to identify which of two or more sources of asbestos exposure had caused their illness.
The firm represented Alice Jefferson, a mesothelioma sufferer, whose illness and compensation claim against Cape Asbestos were featured in the important documentary "Alice: A Fight For Life." Shown by Yorkshire Television in July 1982, the programme was an important catalyst for legal change and public awareness of the plight of mesothelioma and other asbestos disease sufferers and a prompt for important legal reform.
Mesothelioma is a type of cancer that affects the lining of certain bodily organs. It most commonly affects the lining of the lungs (the pleura) but it can affect other areas including organs in the abdominal cavity (the peritoneum).
More than 2,000 people are diagnosed with mesothelioma every year in the UK and there is one mesothelioma death every five hours. The number of deaths from mesothelioma increased from 153 in 1968 to 1,969 in 2004 and is expected to peak at 2,450 between 2011 and 2015.
The first Action Mesothelioma Day was launched on 27th February 2006. Its objectives were to raise awareness about mesothelioma, to improve the treatment and care of mesothelioma patients, and to lobby for better funding for research into mesothelioma and for the protection and education of people who may be exposed to asbestos.
If you need advice about an asbestos related illness, contact us now for information about making a claim for compensation.
Contact us to find out more about your entitlement to claim compensation if you have been diagnosed with mesothelioma, asbestosis, lung cancer or pleural thickening.
For more information about asbestos diseases-
For practical information and support concerning mesothelioma-
For more information about claiming for different types of asbestos disease-
Mesothelioma compensation claims
Lung cancer compensation claims
Asbestosis compensation claims
Pleural thickening compensation claims
For more an explanation about different types of asbestos conditions-