News In Focus
22 April 2009
Pleural plaques law faces court challenge
Four leading insurance companies are taking legal proceedings to challenge the Scottish Parliament's measure to compensate former asbestos workers who have been found to have pleural plaques.
The Damages (Asbestos-related Conditions) (Scotland) Bill, passed by the Scottish Parliament on 11 March, received royal assent on 17 April after the time passed for Scottish and UK law officers, or the Secretary of State, to raise questions under the Scotland Act as to the competence of the legislation.
However the insurers Zurich, RSA, Aviva and AXA have presented an application for judicial review at the Court of Session claiming that the Act conflicts with the fundamental principle that compensation is payable only where harm has been suffered.
The Act ensures that a House of Lords ruling in an English appeal, that the lung tissue scarring known as pleural plaques does not in itself constitute physical harm supporting a claim for compensation, does not apply in Scotland. It will come into force when ministers make a commencement order, which they intend to do in the near future.
It will be argued for the insurers that the legislation is ill conceived as the medical evidence is "overwhelming" that pleural plaques do not lead to conditions such as mesothelioma.
A Government spokesman said ministers were disappointed that action was being taken to overturn the will of the Scottish Parliament, and the proceedings would be "vigorously" defended.