Supreme Court upholds Scottish pleural plaque claims
12 October 2011
by Luke Thomas
The UK Supreme Court has rejected an attempt by insurance companies to prevent people in Scotland for being able to claim compensation for a condition caused by asbestos exposure.
Various insurance companies had tried to overturn the right to receive damages for those who had developed pleural plaques, a lung condition which has no symptoms and does not cause harm, but which does indicate previous exposure to asbestos and could be an early sign that the individual may develop other asbestos-related health issues, such as asbestosis, lung cancer or mesothelioma.
The right to claim compensation for these conditions was enshrined in the Damages Act 2009, passed by the Scottish Parliament despite a ruling by the House of Lords in 2007 which said that victims should not receive redress for pleural plaques. The Supreme Court’s decision is seen to be a vindication for the Scottish Parliament, with the Scottish Justice Secretary Kenny MacAskill claiming to be “delighted” at the news.
"I warmly welcome this significant decision,” said Mr MacAskill, “not least for the sake of people with pleural plaques and all those who campaigned so vigorously to help them.
“It is our sincere hope that the insurers will now reflect carefully on the decisions reached by the Scottish Parliament, by both the Outer and Inner Houses of Scotland's Court of Session, and now by the UK's Supreme Court and settle those claims that have been stalled for so long."
Insurers attempted to argue that the Damages Act was in breach of human rights legislation regarding property rights, but the Supreme Court upheld a Scottish Court of Session decision from April which dismissed this claim, stating that it could not be said that the “judgment of the Scottish Parliament was without reasonable foundation”.
The companies will now be required to consider any claims made by victims.
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