Supreme Court upholds Scottish law on asbestos compensation
In a landmark case, the UK-wide Supreme Court has upheld the ruling made under Scottish law allowing victims of asbestos related illnesses to claim compensation. The case was taken to the Supreme Court by insurance companies trying to have the right to claim in Scotland scrapped, but to no avail.
A disparity exists between England and Scotland over the matter since the House of Lords ruled against victims claiming compensation five years ago.
Scotland on the other hand passed the Damages Act in 2009 on the devolved issue after MSPs voted to allow for claims to be made.
MSP John Park has welcomed the decision as a former worker at Rosyth Dockland, but has expressed the need for the further measures by the Scottish government to support those with asbestos-related illnesses.
Pleural plaques were the main focus of the ruling and they are also the most common manifestation of exposure to the material, causing collagen fibre deposits and localised scars.
Nick Starling, director of general insurance and health at the Association of British Insurers, said: "The insurers brought this case because they believe that The Damages Act is fundamentally flawed in that it ignores overwhelming medical evidence that pleural plaques are symptomless."
It has long been established within the law surrounding compensation payouts that they only apply when there is physical harm displayed as a result.
Pleural plaques are symptomless, but do show up when a radiograph or CT scan is undertaken on the patient and can lead to other asbestos related diseases.
Around 50 per cent of those who are exposed to asbestos for a prolonged period will contract pleural plaques, though it usually takes from 30 to 40 years for asbestos related illnesses to develop.
Most of those affected by pleural plaques were involved in working in construction, mining or shipbuilding in the 1970s prior to the realisation of its detrimental effects on health.
Claiming the move by the Supreme Court breaks the European Convention and constitutes unreasonable legal interference it will cost the insurance industry somewhere in the region of £7 million to £9 million.