|
|
The established practice was that employees received damages for pleural plaques for two decades.
|
|
26th January 2006
|
The English Court of Appeal held in the case of Rothwell v Chemical & Insulating Co. Ltd., and Others that pleural plaques did not constitute an injury or disease in the eyes of the law.
Click here to view the Judgment.
|
|
17th October 2007
|
In a unanimous decision, the House of Lords upheld the decision of the English Court of Appeal and confirmed that a claimant who had been negligently exposed to asbestos dust during the course of his employment could not sue his employers for damages on the ground that he had developed pleural plaques. The House of Lords also decided that pleural plaques, in combination with the risk of developing other asbestos related diseases and any resulting anxiety felt by claimants, did not amount to a cause of action.
Click here to view the Judgment.
|
|
23rd October 2007
|
House of Lords’ decision referred to in Court of Session decision, Helen Wright v Stoddart International PLC
Click here to view the Judgment.
|
|
29th November 2007
|
The Scottish Ministers announced that they intend to reverse the effect of the House of Lords’ Decision by putting a Bill before the Holyrood Parliament to change the law so that those who have been negligently exposed to asbestos and diagnosed with pleural plaques would be able to raise an action for damages. The planned measures would take effect from the date of the House of Lords decision.
Click here to read the press release.
|
|
6th February 2008
|
Scottish Government began Consultation on proposed Bill to ensure that the House of Lords’ decision does not have effect in Scotland. Responses to be received by 4th April 2008.
Click here to read the Consultation Paper.
|
|
23rd June
2008
|
The Scottish Government introduced a Bill to provide that certain asbestos-related conditions are actionable personal injuries overrule the decision taken by the House of Lords last October that asymptomatic pleural plaques do not give rise to a cause of action under the law of damages. The provisions in the bill will mean that people negligently exposed to asbestos who are diagnosed with pleural plaques will continue to be able to raise an action for damages. The Bill is currently being considered at Stage 1, and has been referred to the Justice Committee.
Damages (Asbestos-related Conditions) (Scotland) Bill
Explanatory Notes
|
|
9th July 2008
|
The Ministry of Justice in England published its consultation paper, ‘Pleural Plaques’, which considers and seeks views on the government response to the House of Lords’ decision. The paper proposes action to improve understanding of pleural plaques and to provide support and reassurance to those diagnosed with pleural plaques to help allay their concerns. It considers the issues that arise in relation to changing the law of negligence and invites views on whether this would or would not be appropriate. It also seeks views on the merits of offering no fault financial support to people diagnosed with pleural plaques, and on two possible ways of doing this.
Consultation Paper
List of questions
|
|
1st October 2008
|
Closing date for the Consultation.
|
|
26th January 2009
|
Damages (Asbestos-Related Conditions) Bill is introduced as a Private Members’ Bill before the UK Parliament by Andrew Dismore, Labour MP, to treat certain asbestos related injuries as actionable personal injuries. This would allow those suffering from asbestos related pleural plaques and asbestosis to claim damages. The Bill covers England, Wales and Northern Ireland.
Bill as introduced
|
|
11th March 2009
|
The Damages (Asbestos-related Conditions) (Scotland) Act 2009 is passed by the Scottish Parliament.
To read the 2009 Act please click here
|
|
24th April 2009
|
Damages (Asbestos-Related Conditions) Bill has its second reading in the House of Commons and is to be sent to Public Bill Committee for scrutiny. This Bill covers England, Wales and Northern Ireland.
|
|
27th April 2009
|
A number of insurance companies raise an action for judicial review in the Court of Session claiming that the 2009 Act is out with the legislative competence of the Scottish Parliament as it is incompatible with a number of rights under the European Convention on Human Rights. A hearing on this argument will take place at the beginning of June this year. The insurers also seek interim interdict to prevent the Scottish Ministers bringing the act into force. Lord Glennie refuses to grant interim interdict.
Click here to view Lord Glennie’s opinion
|
|
17th June 2009
|
The Damages (Asbestos-related Conditions) (Scotland) Act 2009 is due to come into force.
Click here to view the Act
|
|
8th January 2010
|
The long awaited decision of Lord Emslie on the judicial review challenging the legality of the 2009 Act is issued. Lord Emslie rejects all of the grounds of challenge. The decision is to be appealed.
Click here to view Lord Emslie's Decision
|
|
8th February 2010
|
Damages (Asbestos-Related Conditions) (No.2) Bill 2009/2010 has its first reading in the House of Lords.
|
|
25th February 2010
|
The Government announces that payments will be made to those who had begun, but not resolved, claims for compensation for pleural plaques before the House of Lords’ decision. Following a review of medical evidence, the Government has been unable to conclude that the decision should be overturned at this stage but recognises that those who had already begun, but not resolved, their claims are in a unique situation. A one-off payment £5,000 will be made to those claimants. The scheme will apply in England and Wales only.
|
|
5th March 2010
|
Damages (Asbestos-Related Conditions)(No.2) Bill 2009/2010 moves to the Committee stage in the House of Lords.
|