Supreme Court Rules In Favour Of Asbestos Claims

Insurance companies who wanted to prevent people in Scotland claiming for an asbestos-related disease have failed in their legal bid

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On 12 October, The UK Supreme Court dismissed the appeal by insurance companies, a decision which will now allow people affected by pleural plaques to claim compensation for their injuries.

The ruling is the latest stage in what has been a long-running battle between victims of pleural plaques and insurance companies.

In 2009, MSPs issued the Damages Act which enabled Scottish people to make asbestos-related claims. Insurers subsequently failed to overturn the decision in the Court of Session and so took their appeal to the UK Supreme Court, stating the legislation infringed on human rights.

The UK Supreme Court disagreed with the insurance companies, rejecting their argument that the legislation is "fundamentally flawed", saying that in fact the judgement by the Scottish Parliament was not "without reasonable foundation."

Commenting on the ruling, Scottish Justice Secretary Kenny MacAskill said: "I warmly welcome this significant decision, not least for the sake of people with pleural plaques and all those who campaigned so vigorously to help them.

"We firmly believe that people with this condition should be able to raise a claim for damages, and we are delighted that this decision has gone in their favour - a result that will surely bring them some comfort."

He added: "It is our sincere hope that the insurers will now reflect carefully on the decisions reached by the Scottish Parliament, by both the Outer and Inner Houses of Scotland's Court of Session, and now by the UK's Supreme Court and settle those claims that have been stalled for so long."

Scottish Labour leader Iain Gray also favoured the Court's decision, stating: "This is tremendous news for all those in Scotland who have had to suffer the trauma of being told they have pleural plaques and will now, after two and a half years of delay, be able to pursue the damages they are entitled to."

Have You Been Affected By Asbestos?

If you have suffered harm from working with asbestos, you need to speak to a legal expert. Whether it is pleural plaques, asbestosis, mesothelioma or another asbestos-related illness, you could be entitled to claim compensation for the pain and suffering you and your loved ones have endured. To find out more, contact a solicitor's office today and speak to one of our personal injury lawyers.

by: Richard Godden

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