Member Article

Pleural Plaques Judgment

With Watson Burton LLP Law Firm

Since the House of Lords ruling in Johnston, Rothwell and Others [2007] ended compensation pay outs for the Asbestos-related condition known as Pleural Plaques, the devolved Scottish Parliament has introduced a Bill which, if enacted, will have the effect of reversing this decision.

This step has sparked a lively debate, with Asbestos illness campaigners lobbying for a similar legislative response in England and Wales. In Johnston, The House of Lords decided that Pleural Plaques, scar tissue in the chest lining and diaphragm caused by Asbestos exposure, did not constitute an ‘actionable’ injury as they were symptomless and did not of themselves increase the risk of developing a more serious condition. The Claimants had argued that the existence of Plaques was evidence of Asbestos exposure, which caused anxiety that a more serious Asbestos condition, such as fatal Mesothelioma, could develop in the future. The Lords’ judgment effectively ended payouts for Pleural Plaques that began more than 20 years earlier.

The decision represented a significant victory for the UK Insurance Industry, who are strongly opposed to a similar response from the Government to overturn it. However, the development in Scotland has given a lifeline to Claimants, their Solicitors and Trade Unions who have the sympathy of a number of MPs who are lobbying the Ministry of Justice. An MOJ spokesperson confirmed that the issue was under review but also added that the Johnston decision was based on ‘fundamental principles of the law of negligence.’

Since Scotland was given devolved powers on matters such as Education and Health by the passing of the Scotland Act in 1998, its Assembly has passed a number of laws which have not gone unnoticed south of the border. They have introduced an alternative to the system of University place funding here, which has meant Scottish Higher Education students who study in Scotland pay considerably less in fees. There are also plans for a phased reduction of prescription charges in Scotland, which are to be abolished altogether in 2011. Bereavement damages offered to dependants are more favourable in Scotland, awarding payments up of up to £30,000, compared to the much lower cap on such awards in England, Wales and Northern Ireland of £11,800.00.

If the Scottish Bill passes into Legislation and allows for compensation payments for Pleural Plaques to Scottish claimants, this will give added impetus for Claimants in England and Wales to push for parity of treatment. However, early indications suggest that the Government may not be swayed by the emotive nature of this issue and might be reluctant to overrule the ruling in Johnston.

If you have any queries relating to this article, or any other Personal Injury matter, please contact Mark Lennon at Watson Burton LLP on 0191 244 4468 or email mark.lennon@watsonburton.com.

This was posted in Bdaily's Members' News section by Ruth Mitchell .