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Pleural plaques and actionable damage
Claimants have been recovering damages for pleural plaques for 20 years since the decision in Sykes v MOD even though they cause no physical symptoms. The decision of the Court of Appeal allowing the defendants' appeal represented a fundamental change in the way we approach such claims. This has been upheld by the House of Lords, saving the insuran...
Case | 8 Jan 2008
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Scots law on pleural plaques compensation upheld
Supreme Court judges have decided unanimously that the Scottish Parliament had acted within the scope of its powers when it passed the Damages (Asbestos-related Conditions) Act in 2009 – legislation that offers those that have pleural plaques the opportunity to claim compensation. From the 1980s onwards, where pleural plaques arose from negligent exposure to asbestos, courts throughout the UK made compensation awards; those awards were paid by the negligent party or their insurer. On October 17 2007, however, the House of Lord...
Case | 12 Oct 2011
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Pleural plaques sufferers still eligible for compensation
People in Scotland who are negligently exposed to asbestos and diagnosed with pleural plaques will continue to be able to raise an action for damages.The Scottish Parliament last week passed the Scottish Government's Damages (Asbestos-related conditions) (Scotland) Bill. This ensures that a contrary House of Lords judgement, which ruled that people diagnosed with asbestos-related pl...
News | 17 Mar 2009
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MSPs consider House of Lords ruling on pleural plaques
...ditions) (Scotland) Bill which could have far-reaching implications for employers and the insurance sector throughout the UK.The controversial Bill seeks to overturn a ruling from the House of Lords, which effectively ended the prospect of compensation being awarded to people who were found to have pleural plaques – the formation of scar tissue on the lung which can lead to conditions such as mesothelioma. The House of Lords decision in October 2007 reversed 20 years of precedent, and was estimated to save the insurance industry £1.4bn.The move by Scottish MPs (MSPs) to try and overturn the legal ...
News | 4 Sep 2008
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The pleural plaques consultation paper
© Workplace Law Group 2008 All rights reserved The pleural plaques consultation paper The pleural plaques consultation paper On 9 July 2008 the Government published a consultation paper on supporting people with pleural plaques, seeking responses by 1 October 2008. The paper considers whether the House of Lords' decision in Rothwell v. Chemical & Insulati...
News analysis | 10 Jul 2008
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Pleural plaques: Government consults on future of claims
The Government launched a consultation today (9 July) on how best to deal with people who have developed pleural plaques after being negligently exposed to asbestos at work. Pleural plaques are small localised areas of fibrosis found within the pleura of the lung caused by asbestos exposure. They do not usually cause significant symptoms and do not impair lung function. Pleural plaques are in themselves benig...
News | 9 Jul 2008
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Move to block pleural plaques insurance criticised
A move by some of the UK’s largest insurers to challenge Scottish legislation to provide compensation to people with asbestos pleural plaques has been widely criticised. Aviva, Axa, RSA and Zurich Insurance have applied for judicial review at the Court of Session in Edinburgh to oppose the Damages (Asbestos-related Conditions) (Scotland) Act, which received Royal Assent last week. The Act was passed with overwhelming support ...
News | 24 Apr 2009
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Insurers contest pleural plaques claim law
A judicial review was this week lodged by a group of insurers against The Damages (Asbestos-related conditions) (Scotland) Act. The Act makes pleural plaques a compensatable condition in Scotland and overturns the decision of the House of Lords in the case of Rothwell in 2007. The insurers bringing the action – Aviva, AXA Insurance, RSA and Zurich – represent over half the employers’ liability insurance market. Insurers oppose the Act as...
News | 23 Apr 2009
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Pleural plaques bill introduced to Scottish Parliament
A bill enabling workers with pleural plaques to claim compensation has been introduced in the Scottish Parliament. The Damages (Asbestos-related Conditions) (Scotland) Bill:provides that asbestos-related pleural plaques amount to a material personal injury capable of founding a claim in damages;clarifies that asymptomatic asbestos-rel...
News | 24 Jun 2008
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Scottish pleural plaques bill to be extended
A bill will be introduced to the Scottish Parliament “at the earliest opportunity” to ensure that people with two asbestos-related conditions, as well as people with pleural plaques, continue to be eligible to claim for damages.Justice Secretary Kenny MacAskill announced in November last year that a bill was to be introduced to reverse the House of Lords judgement on pleural plaques, which will mean that those people negligently exposed to asbestos who are diagnosed wi...
News | 11 Feb 2008
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Scottish parliament challenging pleural plaque ruling
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 lung...
News | 30 Nov 2007
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Pleural plaques “decision by November”
A Government consultation into the House of Lords decision on Pleural Plaques will begin this month, aiming to provide a decision on this controversial issue later in the year. The House of Lords decision in October 2007, reversing 20 years of precedent and making sufferers of pleural plaques unable to claim compensation for their condition, is estimated to save th...
News | 10 Jun 2008
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Health hazards: keeping a lid on panic
...mber of the team acting on behalf of Barker, Ruth Davies. CHALLENGE 26 THE EMISSIONS MISSION Dave Hampton wants to get the world off its carbon addiction, by proving that you can be a happy family guy living on a massively reduced carbon dose. Kelly Mansfield meets the Carbon Coach. 08 CASE LAW n Pleural plaques and actionable damage n Forged asbestos certificates result in jail sentence n £150,000 compensation for pipe fitter exposed to asbestos FOCUS 12 HEALTH HAZARDS: KEEPING A LID ON PANIC Effective management of hazards to health in the workplace is as much about the messages you give out when an incident occurs as it is...
Magazine issue | 1 Feb 2008
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Scottish plural plaques bill challenged by insurers
The Scottish Government is being challenged by insurance companies over its plans to make people with pleural plaques eligible to claim for damages. Pleural plaques are small areas of scarring on the lungs which are benign on their own, but which act as an indicator of asbestos exposure. Although they do not cause or develop into a more serious asbestos-related condition, they indicate an increased risk o...
News | 19 May 2008
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3 strikes and your fire's not out!
...ployers are under a much broader duty towards employees who are also carers. If this case succeeds, employers may need to consider making reasonable adjustments for all employees with caring responsibilities. 11641 A landmark compensation case brought by sufferers of the asbestos-related condition pleural plaques has been lost. The Court of Appeal ruled that pleural plaques was not a disease itself (though it can lead to asbestosis and mesothelioma) and, because there are no symptoms, should not attract compensation. 11769 because the tribunal concluded that the reason for the less favourable treat...
Magazine issue | 8 Nov 2007
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It’s a WRAP
...der, CEO of the BIFM: "We are excited to be launching Th!nkFM 2012 in association with Workplace Law. This partnership will take Th!nkFM from being a more BIFMfocused event into a truly industry-wide conference, which will be of benefit to facilities professionals wherever they work." Scots law on pleural plaques compensation upheld Workplace Law Health and Safety Supreme Court judges have decided unanimously that the Scottish Parliament did act within the scope of its powers when it passed the Damages (Asbestos-related Conditions) Act in 2009 legislation that offers those that have pleural plaqu...
Magazine issue | 2 Nov 2011
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Mesothelioma compensation Bill passes to House of Lords
... The Child Maintenance and Other Payments Bill will allow adults afflicted by mesothelioma to receive swifter settlements. It was given an unopposed third reading, and now goes to the Lords. But Labour Barnsley West and Penistone MP Michael Clapham said people suffering from another lung disease, pleural plaques, should also be entitled to compensation. He made the comments after a Lords ruling in October prevented workers suing their employers over the condition, which is also linked to asbestos exposure. However, junior work and pensions minister James Plaskitt said the Law Lords considered the...
News | 10 Dec 2007
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Changes to Workplace Law Magazine
... Introduction to Contents In this issue ... Latest 05 EDITORIAL Welcome to the new-look Workplace Law Magazine. 06 LEGAL CALENDAR Key legislative dates taking place in Autumn 2009. HeaLtH aNd safety uPdate 07 NEWS Swine flu contingency plans needed; tackling driver tiredness; danger and delay in Pleural plaques decision. 28 fixed-term worker wins permanent contract. confidential information within the NHS is a massive undertaking, reports Anthony Pearlgood. 22 NetwoRk 34 fORUM fOCUS A brand new section aimed at ensuring our network member's views have a regular place in Workplace Law Magazine. ...
Magazine issue | 1 Sep 2009
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Asbestos statement expected after Easter
A statement about compensation for sufferers of the asbestos-related disease, Pleural Plaques, will be made by Justice Secretary, Jack Straw, after the Easter break, the Prime Minister has indicated. Pleural plaques are a benign scarring of the lungs caused by exposure to asbestos. The House of Lords had previously ruled that damages could not be claimed for the condition, but last...
News | 2 Apr 2009
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Reality bites: managing in a recession
...d Heyday), claims that the UK's age discrimination legislation is in itself discriminatory as it does not apply to those over 65, thereby allowing employers to impose a mandatory retirement age. 16963 Responses to the ministry of Justice's consultation on the issue of compensation for sufferers of pleural plaques will be published. The paper sought views on the Government response to a controversial House of Lords decision from October 2007 ending the award of damages to individuals diagnosed with the condition. 16989 18 november The Government consultation on extending the right to request flexibl...
Magazine issue | 6 Nov 2008
