Holyrood passes Damages Bill

Campaign by mesothelioma sufferers and families finally bears fruit

News, 21 March 2007

Mesothelioma sufferers will no longer be inhibited from seeking compensation after the Scottish Parliament today passed the Rights of Relatives to Damages (Mesothelioma) (Scotland) Bill.

The bill amends section 1(2) of the Damages (Scotland) Act 1976 so that relatives' claims for damages for non-financial loss are not extinguished by a person with mesothelioma settling their own claim while still alive.

Previously, sufferers of the asbestos-related cancer faced the dilemma of either settling their damages claim while alive, and disadvantaging their families, or not settling their claim before death so their relatives could claim greater awards.

An Executive amendment to the bill, introduced on 20 December 2006, allowed mesothelioma sufferers to proceed from that date with their own claim in the knowledge that their families would not be disadvantaged.

Harry McCluskey, secretary of Clydeside Action on Asbestos, said:

"This will go a long way in easing the pressure on those terminally ill with mesothelioma. Now people with this horrendous condition can settle their claims for compensation in life and have the security of knowing that their family can succeed in pursuing damages for their loss and grief once they have passed on.

"As the charity who assists with the majority of mesothelioma cases we would like to take the opportunity of thanking Justice 1 Committee, and all of the MSPs who have shown their support throughout this campaign; they have been instrumental in bringing about this change."