The Scottish Government published a Bill on 23 June that, if enacted, will overrule the decision of the House of Lords in October 2007 that pleural plaques do not give rise to a cause of action such that claimants can recover compensation.
The Damages (Asbestos–related Conditions) (Scotland) Bill provides that:
• a person may recover damages for asbestos-related pleural plaques
• a person with asbestos-related pleural thickening or asbestosis, which is not causing any impairment of his or her condition, may recover damages. The Bill thereby seeks to remove any doubt regarding the ability of claimants to recover compensation where these diseases are not causing impairment.
• the Bill is of retrospective effect
• the period between the House of Lords’ decision in October 2007 and the day the legislation comes into force is to be discounted from any calculation of a limitation period.
The Bill would only govern the situation in Scotland, a separate legal jurisdiction, and would not affect England. The ABI, the trade association for Britain’s insurance industry, has criticised the Bill saying that “To compensate for pleural plaques would fly in the face of accepted medical opinion, the Law Lords ruling and common sense“. There appears, however, to be strong support for the Bill within the Scottish Executive and it remains to be seen how quickly the legislation will be enacted.
