The Scottish Government has published a consultation paper on its proposal to introduce legislation before the summer recess in order to overturn the House of Lords’ 17 October 2007 decision (Rothwell v Chemical Insulating Company Ltd [2007] UKHL 39) that asymptomatic pleural plaques are not compensable (click here to view further information on this judgment). Strictly speaking, the House of Lords’ decision is not binding in Scotland; however, the Scottish government is concerned that the Scottish Courts will find the decision “highly persuasive”. In fact, the Court of Session (the Scottish equivalent of the House of Lords) has already cited the House of Lords’ decision. In addition to permitting compensation for asymptomatic pleural plaques, the proposed legislation may also permit compensation for asymptomatic pleural thickening and asymptomatic asbestosis which the Scottish Government believes may be barred as a result of the House of Lords’ decision.
Responses to the consultation are due by 4 April 2008. If you would like to review the consultation paper and/or submit a response please click here.
