This item was published during the term of a previous administration that ended in April 2007
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Fairer deal for mesothelioma sufferers
13/12/2006
The Mesothelioma Damages Bill - which will allow mesothelioma sufferers and their families to claim full compensation for their grief and suffering - is to be amended to enable people with this disease to benefit from its provisions from next week, rather than waiting until the Bill becomes law.
Deputy Justice Minister Johann Lamont confirmed that the Executive would bring forward the amendment as she gave evidence today to the Justice 1 Committee, on the Bill's provisions.
As the law stands at present, sufferers of mesothelioma, an asbestos-related cancer, face the distressing dilemma of either settling their damages claim while alive, or not settling their claim before death so their relatives can claim greater awards. Most sufferers do not claim themselves so as not to disadvantage their families. The Mesothelioma Damages Bill, introduced to Parliament in September, will remedy that situation by allowing the immediate family to claim damages for non-financial loss even if the deceased settled their own claim while alive. The amendment announced today will mean that the dilemma faced by mesothelioma sufferers will be remedied from 20 December 2006 and that they will be able to proceed with their own claim in the knowledge that their families will not be disadvantaged.
Ms Lamont, said:
"Mesothelioma is a devastating disease - a cancer for which there is no cure. It can develop many years after exposure to asbestos and when it does, can kill fast.
"It is only right that we do all we can to minimise the distress this problem causes to those suffering from this disease and to their families, as speedily as possible.
"That's why, following our earlier consultation on damages, legislation was introduced to Parliament in the autumn to free people inflicted with this disease from the distressing choice between receiving compensation themselves or allowing their relatives to benefit from greater awards. And why, following further comments from families' representatives about the provisions in the Bill, we have decided to provide that this Bill should apply to any case where the sufferer recovers damages or obtains a full settlement on or after 20 December.
"When mesothelioma strikes, we must ensure families receive the support they need and are not worried about legal choices. This legislation is designed to deliver exactly that."
Background:
The Rights of Relatives to Damages (Mesothelioma) (Scotland) Bill will amend section 1(2) of the Damages (Scotland) Act 1976 so that relatives' claims for damages for non-patrimonial (non-financial) loss are not extinguished by a person with mesothelioma settling their own claim while still alive.
The Bill as introduced will apply where the sufferer recovers damages or obtains a full settlement on or after the date the Bill comes into force, which will be seven days after Royal Assent. Where the liability of the responsible person has been discharged prior to that date that discharge will continue to bar any claim by the immediate family.
The effect of the amendment will be that the provisions in this Bill will apply to any case where the sufferer recovers damages or obtains a full settlement on or after 20 December 2006.