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20 October 2011
Issue: 7486 / Categories: Legal News
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Ruling ends legal limbo

The Supreme Court has ruled in favour of pleural plaques victims north of the border

In a landmark judgment, AXA General Insurance v the Lord Advocate [2011] UKSC 46, the justices held the Scottish Parliament was within its rights to pass a new law restoring pleural plaques victims’ right to compensation. They rejected insurers’ argument that the new law breached their human rights.

The new law was passed following the controversial 2007 decision of the House of Lords that the condition was harmless (Rothwell v Chemical & Insulating Co [2007] UKHL 39).

Patrick McGuire, partner at Thompsons Solicitors, which handles 90% of Scottish pleural plaques cases, said: “This is a great day for democracy because the Supreme Court has reinforced the Scottish Parliament’s right to legislate to protect the rights of its citizens.

“This verdict means that 1,200 Scottish pleural plaques victims, some of whom have been in legal limbo for five or six years, can now pursue their cases through courts. And we believe their claims will succeed.”

Laura Blane, Thompsons partner and asbestos specialist, said: “We have 650 pleural plaques cases on hold in the courts and another 450 coming through the system.”

Susan Brown, director at Prolegal, said: “This is good news for Scottish asbestos victims and restores them to the position the whole country was in prior to the judgment of the House of Lords in Rothwell.”

Issue: 7486 / Categories: Legal News
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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

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Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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