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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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