Member Article

Insurers have lodged a Judicial Review against The Damages (Asbestos-related conditions) Scotland Act.

The Act, which was passed on 17 April 2009, made compensation available for the victims of pleural plaques in Scotland.

The insurers are bringing the action in an attempt to avoid having to pay compensation for this condition.

Pleural plaques are areas of scarring to the tissues and lining surrounding the lungs and are an indicator that a person has been exposed to asbestos.

Although the sufferers of pleural plaques do not generally have symptoms, having the condition is evidence that they have been exposed to asbestos.

As a result of that exposure, they will be at risk of developing a more serious asbestos-related condition such as the cancer mesothelioma. Understandably, this causes them a great deal of anxiety and distress.

The Act was introduced in Scotland to overturn a House of Lords decision in the case of Rothwell, in 2007, which had ended compensation being paid for pleural plaques.

Many campaigners had hoped that the UK government would follow the Scottish Parliament's lead and introduce similar legislation in England and Wales.

Shoosmiths associate Sara Hunt, who specializes in asbestos claims, said: "The UK Government launched its own consultation into pleural plaques, which closed in October 2008.

"The outcome has still not been given, even though it was initially expected in November 2008, and despite promises made by the Prime Minister that the decision would be given after Easter.

"I sincerely hope that the UK Government will not use the challenge in Scotland as an excuse to delay its announcement to the thousands of sufferers anxiously awaiting the results."