As previously reported, the Scottish Parliament has acted to restore compensation for pleural plaques in Scotland. The Damages (Asbestos-related Conditions) (Scotland) Act 2009 came into force on 17 June 2009 and reverses the 2007 decision of the House of Lords, Rothwell v Chemical & Insulating Company, which barred the right to compensation for pleural plaques. As a consequence, pleural plaques are not currently compensatable in the rest of the UK.
The new Act is currently being challenged in the Scottish courts by four insurers and the decision of the Court of Session is awaited.
