by Keith Richmond
Construction union UCATT is calling on the Government to move quickly to restore compensation to victims of pleural plaques after the announcement that a judicial review brought by insurance companies in Scotland has failed.
UCATT general secretary Alan Ritchie said: “The decision to dismiss the judicial review is good news for pleural plaques sufferers throughout Britain. The British Government must now move swiftly to restore full compensation to all pleural plaques sufferers. Pleural plaques victims must not be trapped in a postcode lottery about whether or not they receive compensation.”
Leading insurance companies Aviva, Axa, RSA and Zurich launched a judicial review in April last year challenging the Scottish Parliament’s Damages (Asbestos Related Conditions) Act which made compensation available for sufferers of pleural plaques in Scotland. The act was introduced to overturn the House of Lords decision on Rothwell in 2007 which ended, after 20 years, compensation being paid out for pleural plaques.
Pleural plaques are areas of scarring to the tissue and lining of the lungs caused by heavy and prolonged exposure to asbestos. Victims are at risk of developing more serious asbestos-related conditions such as the incurable cancer mesothelioma.
After a 22-day hearing, the Court of Session ruled in a 150-page judgement against the insurers. Lord Emslie said they did not come anywhere near the standard of “irrationality” needed to invalidate an Act of the Scottish Parliament.
Scottish TUC general secretary Grahame Smith said: “This is a victory for those suffering from asbestos-related conditions, those who represent them and for the Scottish Parliament.”
Although the Scottish Parliament had passed the Damages Act, no compensation payments were made to pleural plaques victims in Scotland while the judicial review process was going on. UCATT now wants pleural plaques victims in Scotland to receive compensation as soon as possible.
Mr Ritchie said: “The insurance industry was using the judicial review to delay paying compensation to asbestos victims both north and south of the border. It was a very cynical manoeuvre and I am pleased it has failed.”
