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8th January 2010

Pleural Plaques claims in Scotland

Judicial Review Dismissed

A Judicial Review by insurers to stop the Scottish Parliament overturning a 2007 House of Lords decision to end compensation for those exposed to asbestos and suffering from pleural plaques has been dismissed by the Outer House, Court of Session.

Whilst the insurers succeeded in establishing their right to seek a review, their other objections to the Scottish Act were rejected both on common law and European human rights grounds.

Thompsons Solicitors the most experienced personal injury firm in the UK, and whose Scottish arm ran the cases, welcomed today’s judgment.

Great news for pleural plaques sufferers in Scotland

Ian McFall, National Head of Asbestos Policy said:

“This is a great day for the Scottish victims and their families. The Prime Minister should now restore justice for victims and their families in the rest of the UK and get on with overturning the House of Lords decision from October 2007.

“This judgment states categorically that the Scottish Parliament was perfectly within its rights to pass this law. It is great news for pleural plaques sufferers in Scotland but must be heeded by Westminster too.

“In a thorough judgment the Scottish Parliament Act has been considered in detail and found to legitimately re-establish pleural plaques victims’ right to compensation. If the infamous House of Lords judgment to the contrary is not reversed in England and Wales we will see the same acts of negligence and the same suffering but different justice in different parts of the UK.

“The UK government is running out of reasons not to overturn the House of Lords judgment. It should take the lead and overturn it now to ensure fairness across the UK”