Pleural Plaques Claims Judicial Review Dismissed In Scotland

A Judicial Review by insurers to stop the Scottish Parliament overturning a 2007 House of Lords decision to end compensation for those exposed to asbestos and suffering from pleural plaques has been dismissed by the Outer House, Court of Session.

Whilst the insurers succeeded in establishing their right to seek a review, their other objections to the Scottish Act were rejected both on common law and European human rights grounds.

Thompsons Solicitors the most experienced personal injury firm in the UK, and whose Scottish arm ran the cases, welcomed today’s judgment.

Ian McFall, National Head of Asbestos Policy said:

“This is a great day for the Scottish victims and their families. The Prime Minister should now restore justice for victims and their families in the rest of the UK and get on with overturning the House of Lords decision from October 2007.

This judgment states categorically that the Scottish Parliament was perfectly within its rights to pass this law. It is great news for pleural plaques sufferers in Scotland but must be heeded by Westminster too.

In a thorough judgment the Scottish Parliament Act has been considered in detail and found to legitimately re-establish pleural plaques victims’ right to compensation. If the infamous House of Lords judgment to the contrary is not reversed in England and Wales we will see the same acts of negligence and the same suffering but different justice in different parts of the UK.

The UK government is running out of reasons not to overturn the House of Lords judgment. It should take the lead and overturn it now to ensure fairness across the UK”

Trade Unions in Scotland have welcomed the Court of Session judgement rejecting the UK insurance lobby’s shameful attempts to invalidate Scottish parliamentary legislation that gives negligently exposed victims of pleural plaques and other asbestos related conditions the right to claim damages.
 
The Damages (Asbestos-related Conditions) (Scotland) Act which came into force last year overturned a 2007 House of Lords ruling which said damages could not be claimed for the illness.
 
But Lord Emslie did not accept that the insurance lobby’s complaints came anywhere near the standard of irrationality needed to invalidate an Act of the Scottish parliament and added that “there was every reason for the parliament to legislate” on this matter. 
 
Unite Scottish secretary. John Quigley, said: “We are delighted with Lord Emslie’s decision to throw-out the UK insurance lobby’s shameful attempts to deny people exposed to asbestos in the workplace the right to seek justice.
 
"The devastating legacy of asbestos is widespread in the communities like Clydebank and Grangemouth, where asbestos was routinely used in the shipbuilding and petro-chemical industries. It is only right that negligent employers who exposed workers to asbestos should be made liable for the horrible legacy they have left.  
 
“Today’s ruling is a victory for people, not profit, and we will use this as a launching pad in the campaign for legal parity across the rest of the UK.”

The full judgement can be read here

Source: Thompsons Solicitors / Unite / TUC Risks

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