PLEURAL PLAQUES CASES MUST NOW GO AHEAD

INSURERS MUST END LEGAL DELAYS

The Supreme Court’s decision to reject insurance companies attempts to block compensation for people suffering from exposure to asbestos has been welcomed by SNP MSPs.

The SNP Government and Scottish Parliament passed legislation to allow compensation but court challenges from insurance companies have meant cases have been put on hold or sidelined while the insurance companies tried to overturn Scottish Parliament legislation.

Stuart McMillan MSP who supported the bill and worked with the campaigners added

“I welcome the announcement from the Supreme Court that the insurance companies case to overturn the Damages Act has failed.

“This decision is an important victory for common sense and I now hope those who suffer from pleural plaques can receive the justice they so rightfully deserve.

“Clydeside Action on Asbestos deserves tremendous credit for their efforts campaigning for justice for the many sufferers of asbestos related conditions in Scotland.”

McMillan Disappointed with UK Government Response on Pleural Plaques

Stuart McMillan MSP, (SNP) has today (Monday) made his anger and disappointment known in regard to a response letter he has received from the Minister of Justice stating that the new UK Government will not be overturning the House of Lords judgement on providing compensation for pleural plaques suffers .

In his letter to the Prime Minister, Mr McMillan raised his concerns regarding the lack of action by the previous UK Government to bring forward legislation that would overturn the House of Lords ruling on pleural plaques.

A decision which has been overturned in the Scottish Parliament by MSP's who passed the Damages (Asbestos-related Conditions) (Scotland) Bill in 2009.

Mr McMillan said;

""I had hoped that this new Government would be responsive to the issue of compensation, as the rights of those in the rest of the UK must be consistent with the rights of those with pleural plaques in Scotland.

"The new Government has announced that it will proceed to implement the limited extra – statutory payments for individuals who had commenced their compensation case prior to the House of Lords decision in October 2007. However, this does not go far enough. There is a responsibility to recognise the role that all those exposed to asbestos contributed to the development of the heavy industries, to shipbuilding, construction and manufacturing in the UK.

"This is an issue that is of great importance, and although I am delighted with the action of the Scottish Parliament in passing Damages (Asbestos-related Conditions) (Scotland) Bill, the right to pursue compensation should extend to every individual in the UK who has pleural plaques."

Mr Harry McCluskey, Chair of Clydeside Action on Asbestos stated;

"The rights of anyone who develops pleural plaque are of the utmost importance. It is extremely difficult to explain to someone from England why the UK Government will not support them.

"There is much frustration and disbelief amongst those diagnosed south of the Border as they find it very difficult to comprehend that they cannot pursue compensation, but those diagnosed as a result of exposure in Scotland can. I share their frustration
.
"This charity has campaigned for the rights of people with an asbestos related disease for over 25 years. We are extremely proud of our campaign to restore the right to compensation in Scotland. We had hoped that the example and commitment of the Scottish Government would be reproduced in England and Wales.

"We are now urgently calling on Mr Cameron's Government to listen to the experiences of those diagnosed and reconsider introducing legislation to give people the right to pursue compensation, regardless of where they live."

Asbestos pay-out law to be passed

FROM BBC.CO.UK 11/03/2009

Plans to compensate people in Scotland for past exposure to asbestos are expected to be passed by MSPs.

The new law would overturn a House of Lords ruling which said damages could not be claimed for pleural plaques, a benign scarring of the lungs.

Insurers and some health experts said the move would be an expensive mistake.

Diseases such as mesothelioma and lung cancer have been diagnosed in hundreds of Scots - many of them former Clydeside shipyard workers.

If parliament passes the Damages (Asbestos-related Conditions) (Scotland) Bill, the Lords judgement - which stated sufferers could no longer use pleural plaques as a basis for a damages claim against the negligence of an employer - would still apply in England and Wales.

Pleural plaques - small areas of benign scarring on the lungs - are an indicator of exposure to asbestos and Law Lords had ruled it should not be open to compensation claims because it was not a disease and had no symptoms.

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

The bill has won cross-party support at Holyrood, although the parliament's justice committee earlier warned the Scottish Government may have to pay out millions following claims from employees who worked in former naval shipyards.

SNP West of Scotland MSP Stuart McMillan, whose family members have worked in the shipyards, said: "This decision by the House of Lords has caused a great amount of anger and dismay in the west of Scotland communities where people have been affected by this condition for doing nothing more than earning an honest wage."

The Association of British Insurers claimed passing the bill would send out the wrong message about the seriousness of pleural plaques.

Professor Anthony Seaton, who has cared for patients with asbestos-related conditions, previously told MSPs the legislation would allow the "worried well" to claim for damages.
He also claimed doctors were failing to inform plaques sufferers of the benign nature of their condition, which was being confused with fatal diseases.

The Scottish Government has said the Ministry of Defence had historically accepted liability in such cases and expected that to continue.

The bill also covers pleural thickening and asbestosis.