Views sought on mesothelioma damages claims
7 Jul 06
Scottish Executive publishes consultation document on proposed law amendment
The Scottish Executive is looking for views on plans to change the law to allow both mesothelioma sufferers and their families to claim full compensation while the individual is still alive.
A consultation document published today sets out proposals to amend the Damages (Scotland) Act.
Under the current law sufferers of mesothelioma, an asbestos-related cancer, face the dilemma of settling their damages claim while alive, or not settling their claim before death to enable relatives to claim greater awards. Most sufferers do not claim themselves so as not to disadvantage their families.
The proposal is to use the Damages Bill to amend section 1(2) of the Damages (Scotland) Act 1976 so that relatives' claims for damages are not extinguished by a person settling their own award while still alive.
Deputy Justice Minister Hugh Henry said: "Mesothelioma is a terrible disease. It is a rare form of cancer that attacks the inner lining of internal organs. It is almost always caused by exposure to asbestos. It takes almost 20 years to develop. Once it does, it kills fast.
"The current compensation arrangements are a completely unacceptable, causing additional worry for families at an extremely difficult and distressing time. The proposed changes will remove this source of anxiety and relieve sufferers and their families from the distressing choice they face at the moment.
"But first what we need now are the views of interested groups and individuals to help inform our next steps."
The consultation paper is available to view at www.scotland.gov.uk and the consultation closes on 18 August.