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05 July 2007
Issue: 7280 / Categories: Legal News , Health & safety , Damages , Professional negligence
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Pleural plaques case goes to House of Lords

News

The House of Lords is being asked to overturn last year’s Court of Appeal decision, Rothwell v Chemical & Insulating Co Ltd; Re Pleural Plaques Litigation, which brought to an end an established right to compensation (which existed for 20 years) for pleural plaques.

Pleural plaques rarely cause immediate symptoms but are associated with an increased risk of developing fatal conditions like mesothelioma or asbestosis. In the past claimants could receive compensation of up to £15,000.

Association of Personal Injury Lawyers vice president, Amanda Stevens, says the Court of Appeal’s ruling came as a bitter blow for those whose lives have been blighted by the condition.

She says: “Pleural plaques are still an injury even though they cannot be seen. This is far from just a scar on the lungs. Those diagnosed are sentenced to a lifetime of uncertainty and distress. The clock starts ticking the moment they are diagnosed. Unless this ruling is overturned, negligent employers who exposed their workers to asbestos will get off scott free and the insurers will pocket the windfall.”

Derek Simpson, general secretary of the Unite union, says: “People with pleural plaques should be compensated for the genuine injury that asbestos exposure has caused.”

MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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