Lords’ pleural plaques ruling should be overturned
Date: 03 October 2008
Issue: Vol 158, Issue 7339
Categories: News, Personal injury
Personal injury lawyers say the government should overturn a House of Lords’ decision not to allow victims of asbestos-related diseases compensation for the damage done to their health.
In Johnston v NEI International Combustion Ltd the House of Lords held that an employee negligently exposed to asbestos could not sue his employers because he had developed pleural plaques.
It was found that the symptomless plaques were not compensatable damage, an essential element in any negligence claim. After that decision, the government issued a consultation paper to, “to improve understanding of pleural plaques and in particular to provide support and reassurance to those diagnosed with pleural plaquesto help allay their concerns”.
Martin Bare, immediate past-president of the Association of Personal Injury Lawyers, says that is would be “fundamentally unfair” if the government did not follow the lead of the Scottish Parliament in proposing legislation to overturn the decision or make an alternative solution for pleural plaque victims.
“It is the House of Lords’ role to determine what the law is, but it is the government’s job to decide what the law should be,” says Bane.
In the consultation, which ended this week, the government outlined two potential compensation schemes for victims, both of which pose problems for victims, says Bane.
“We feel very strongly that any scheme should not prevent victims from claiming compensation at a later date should their condition worsen.
“There should also be no time limit on when victims can make a claim, and any compensation awarded should be in line with what victims were awarded prior to the House of Lords’ decision,” Bane adds.
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