Asbestos compensation claims set to rise in Scotland as legislation overturned

A floodgate of claims from Scots asbestos victims is set to open after a decision which prevented people seeking compensation has been overturned.

A top Scots personal injury solicitor predicts the number of claims from people who have been diagnosed with lung condition pleural plaques - as a result of negligent exposure to asbestos - is set to rise after the landmark Damages Bill which overturned the House of Lords Ruling against claims was passed in Holyrood.

Gordon McBean, partner at Personal Injury Scotland, said the new decision will justly reinstate Scottish sufferers' right to seek compensation for diagnosis of the plaques which despite being benign in many cases, their presence can signify an increased risk of developing a more serious asbestos-related condition such as mesothelioma, an aggressive form of lung cancer.

He said: "Asbestos-related claims have increased significantly over the last 20 years, predominantly from individuals who experienced regular exposure involving insulators in the ship yards and power stations in the 1940s, 50s and 60s during the climax of our industrial past.

"Thousands of sufferers in England have been affected by the decision, but the change in the law will help to alleviate some of the pressure and anxiety from Scots sufferers during what is already a traumatic time by allowing them the right to seek financial compensation."

It was the Court of Appeal in England, upheld by the House of Lords that overturned 20 years of established legal practice when it determined that pleural plaques was not a compensatable injury in 2007.

Insurance companies facing a potential £1billion worth of claims successfully argued that the presence of pleural plaques was insufficient as the basis for an action of damages for personal injury.

This new legislation could see a significant rise in costs for the insurance industry after the predicted rise in claims from people who have been affected by the potentially life-threatening condition.

If you have been affected by a Personal Injury, contact a member of our team.

Gordon McBean
Personal Injury Scotland