Scottish Government to introduce Asbestos claims Bill

The Scottish Government is to introduce a Bill to reverse the House of Lords Judgment, published on Wednesday 17 October, which ruled that asymptomatic pleural plaques do not give rise to a cause of action under the law of damages.

Prior to this Judgment, pleural plaques had been regarded as actionable for over 20 years.

Concerns were expressed in and beyond the Scottish Parliament and the Scottish Cabinet agreed at its 27 November meeting to introduce a Bill to reverse the Judgement and enable those negligently exposed to asbestos who have been diagnosed with pleural plaques to continue to be able to raise and pursue actions for damages in Scotland. The provisions of the Bill would take effect from the date of the Judgment.

Commenting on the decision, Richard Money-Kyrle, an industrial disease specialist at law firm Boyes Turner said:

“Pleural plaques are small areas of scarring on the lungs which although in themselves are considered benign they indicate significant exposure to asbestos. Although pleural plaques do not cause or develop into a more serious asbestos-related condition, they do signify greatly increased lifetime risk of developing mesothelioma, and a small but significantly increased risk of developing bronchial carcinoma. People diagnosed with this condition have to live with the worry of possible future ill health for the rest of their lives. These people deserve to be compensated and to be able to bring a further compensation claim should they develop other asbestos related symptoms or conditions."

Justice Secretary Kenny MacAskill said:

"The effects of asbestos are a terrible legacy of Scotland's industrial past and we should not turn our backs on those who contributed to our nation's wealth in the past. That is why this Scottish Government is to take steps to reverse the House of Lords Judgment and ensure that people with pleural plaques can continue to raise an action for damages.”
The Government is currently considering what the earliest opportunity is for this Bill to be placed into the Legislative Programme.

The law on damages is devolved and while there are many similarities in the law north and south of the border, in this instance, the UK Government have decided that it would not be appropriate to legislate.

Consistent with our policy when giving comment and advice on a non-specific basis, we cannot assume legal responsibility for the accuracy of any particular statement. In the case of specific problems we recommend that professional advice be sought.

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