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Asbestos claims bill planned
29/11/2007
The Scottish Government is to introduce a bill to reverse the House of Lords recent Judgment on pleural plaques.
The provisions of the Bill would take effect from the date of the Judgment.
This will mean that those people negligently exposed to asbestos who are diagnosed with pleural plaques will continue to be able to raise an action for damages.
Pleural plaques are small areas of scarring on the lungs which are benign and are an indicator of exposure to asbestos. Although they 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 House of Lords Judgment on 17 October ruled that asymptomatic pleural plaques do not give rise to a cause of action under the law of damages.
Justice Secretary Kenny MacAskill said:
"The effects of asbestos are a terrible legacy of Scotland's industrial past and we should not turn our backs on those who contributed to our nation's wealth in the past.
"Pleural plaques in anyone exposed to asbestos mean they have a greatly increased lifetime risk of developing mesothelioma and a small but significantly increased risk of developing bronchial carcinoma.
"This will mean that people diagnosed with this condition will have to live with the worry of possible future ill health for the rest of their lives.
"That is why this Scottish Government is to take steps to reverse the House of Lords Judgment and ensure that people with pleural plaques can continue to raise an action for damages.
"We have listened to the many voices who have campaigned on behalf of asbestos sufferers. This Government takes this issue very seriously and I hope this move will bring some relief to people living with this condition."
The House of Lords Judgment in Johnston v NEI International Combustion Ltd published on Wednesday 17 October ruled that pleural plaques do not give rise to a cause of action under the law of damages. Prior to this Judgment, pleural plaques had been regarded as actionable for over 20 years.
Concerns have been expressed in and beyond the Scottish Parliament about the Judgment.
The Scottish Cabinet agreed at its 27 November meeting to introduce a Bill which will reverse the House of Lords Judgment and enable those negligently exposed to asbestos who have been diagnosed with pleural plaques to continue to be able to raise and pursue actions for damages in Scotland. The provisions of the Bill would take effect from the date of the Judgment.
The Government is currently considering what the earliest opportunity is for this Bill to be placed into the Legislative Programme.
The law on damages is devolved and while there are many similarities in the law north and south of the border, in this instance, the UK Government have decided that it would not be appropriate to legislate.