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Pleural plaques case goes to House of Lords

05 July 2007
Issue: 7280 / Categories: Legal News , Health & safety , Damages , Professional negligence
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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.”

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NEWS
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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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