On 11 March the Scottish Parliament voted to pass the Damages (Asbestos-related Conditions) (Scotland) Bill, previously reported here, which is intended to restore the right of claimants in Scotland to obtain compensation for pleural plaques. The right to be compensated was removed by the decision of the House of Lords in 2007, Rothwell v Chemical & Insulating Company.

The Association of British Insurers has criticised  the Bill stating that it is “fundamentally flawed. It ignores clear medical opinion that plaques are symptomless, and do not cause other asbestos-related conditions. And the full cost implications of this measure, which will be paid for by all Scottish taxpayers and firms, have been ignored. The Scottish Government has already admitted that its initial cost estimates were too low”. 

There have also been reports that several insurers are planning to mount a challenge to the new law. We will report further on developments as they arise.