News: Appeal over asbestos law ruling

Insurers have appealed against the decision to allow legislation which gives victims of an asbestos-related illness the right to claim damages.

Last week, a judge rejected a bid to invalidate The Damages (Asbestos-related Conditions)(Scotland) Act which came into force last year.

It allows sufferers of pleural plaques, a benign scarring of the lungs, to make compensation claims.

Aviva, AXA, RSA and Zurich believe the Scottish Parliament act is "flawed".

The law overturned a House of Lords ruling which said damages could not be claimed for the illness, which is not classed as a disease and has no symptoms.

'Good grounds'

Although pleural plaques does not cause or develop into a more serious asbestos-related condition, it does signify an increased risk of developing mesothelioma because of exposure to asbestos.

Nick Starling, director of general insurance and health with the Association of British Insurers, said: "After careful consideration and legal advice, insurers consider that there are good grounds for this appeal.

"Insurers have not taken this decision lightly, and it reflects their strong view that The Damages Act is fundamentally flawed as it ignores overwhelming medical evidence that plaques are symptomless, and the well-established legal principle that compensation is payable only when there are physical symptoms."

The ABI said the appeal would not affect insurers commitment to pay compensation to people with asbestos-related diseases, such as mesothelioma.

Source: BBC News (14/01/10)

Share |

News: Scottish asbestos law challenge rejected

A judge has rejected a bid to invalidate a Scottish Parliament law giving victims of an asbestos-related illness the right to claim damages.

Following a 22-day hearing at the Court of Session, Lord Emslie ruled against the move by UK insurance companies.

They disputed The Damages (Asbestos-related Conditions)(Scotland) Act which came into force last year.

It allows sufferers of pleural plaques, a benign scarring of the lungs, to make compensation claims.

The Holyrood law overturned a House of Lords ruling which said damages could not be claimed for the illness, which is not classed as a disease and has no symptoms.

Although pleural plaques does not cause or develop into a more serious asbestos-related condition, it does signify an increased risk of developing mesothelioma because of exposure to asbestos.

A judicial review of the act was brought by AXA General Insurance Ltd and other insurance companies.

'Differences of opinion'

The insurers said the act would benefit a small group of individuals who had suffered no harm and would impose a "disproportionate and excessive burden on insurers running into hundreds of millions, if not billions, of pounds".

Lord Emslie's written ruling concluded: "There is clearly room for differences of opinion as to whether the parliament was right to legislate in the way it did, and it remains to be seen whether the 2009 Act will prove to have adverse legal or political consequences in years to come."

But the judge said he did not accept that the insurers' complaints came anywhere near the standard of "irrationality" needed to invalidate an Act of the Scottish Parliament.

The Association of British Insurers (ABI) said they are now seriously considering the grounds for an appeal.

Justice Secretary Kenny MacAskill said he welcomed the decision.

He added: "The Scottish government believes that the legislation is right in principle and right in law and has been unequivocally upheld.

"I firmly believe that people with pleural plaques should be able to raise a claim for damages and I am pleased that this decision has gone in their favour.

"I sincerely hope that the insurers will now carefully reflect on what Lord Emslie has said and abandon any plans they have to raise an appeal in the Inner House."

The ABI's Director of General Insurance and Heath, Nick Starling said: "We are pleased that the judgment recognises the fundamental right of insurers to challenge legislation made by the Scottish Parliament, although we are disappointed that the judge did not feel able to overturn the law passed by the Scottish Parliament.

"Insurers will now be considering carefully this judgment, and are seriously looking at the grounds for an appeal against it.

"This is not the end of the road."

Source: BBC News (08/01/10)

Share |

News: Fear over asbestos compensation

Victims of an asbestos-related disease may miss out on compensation, it has been claimed.

A solicitor representing dozens of people in Oxfordshire said he was worried a new bill to compensate those with pleural plaque may not become law.

The condition can be a forerunner of asbestosis and mesothelioma.

Peter Lodge said claimants would be "left in limbo" as a second reading of the bill in the House of Lords would be unlikely before the next election.

People suffering from pleural plaque lost their automatic right to compensation in 2007 following a ruling by the House of Lords.

'Nominal amount'

Pleural plaques are areas of thick scar tissue which form in the chest lining and diaphragm and are caused by asbestos exposure.

It does not have any obvious symptoms, but about 10% of people with pleural plaque develop other asbestos-related illnesses such as mesothelioma.

The Damages Bill, which would compensate those with pleural plaque, was then passed in the House of Commons in October, but is still to be debated in the House of Lords.

Mr Lodge, who represents about 70 people, said he was reasonably optimistic the law would eventually be passed by the government.

"I think it is hopeful they will introduce a new scheme whereby anyone who can show that they have pleural plaque will receive a fairly standard nominal amount."

Clive Sutton, 67, from Stonesfield near Witney, came into contact with asbestos whilst working at a manufacturing plant in the fifties and sixties.

Doctors confirmed he had developed pleural plaque after having a chest x-ray in 2005.

He said: "When the ruling took place in the House of Lords, I think that's what the Lords were working on - the fact that no-one with pleural plaque had gone on to suffer any serious injury or effects."

Source: BBC News (11/12/09)

Share |

Mesothelioma Definition

Malignant mesothelioma (me-zo-thee-le-O-muh) is a rare cancer that occurs in the thin layer of tissue that covers the majority of your internal organs (mesothelium).

Doctors divide mesothelioma into different types based on what part of the mesothelium is affected, including:

• Pleural malignant mesothelioma, which affects the tissue that surrounds the lungs and is the most common form of mesothelioma.
• Peritoneal mesothelioma, which occurs in the tissue in your abdomen.
• Pericardial mesothelioma, which affects the tissue surrounding the heart.
• Mesothelioma of the tunica vaginalis, which occurs in the lining around the testicles.

Between 2,000 and 3,000 people are diagnosed with mesothelioma in the United States each year, according to the American Cancer Society.

Content provided by Mayo Foundation for Medical Education and Research (MFMER)

Share |