Legal blow for asbestos victims
1 February 2006
WORKERS in Cumbria exposed to asbestos have no right to compensation for pleural plaques, the Court of Appeal has ruled.
The Court of Appeal overturned a High Court decision that thousands of people suffering from pleural plaques should receive compensation. Pleural plaques is a marker on the lungs which proves asbestos exposure which is symptom free. It can develop into a more serious condition causing physical symptoms.
Lawyers at Lancashire law firm, MWR Solicitors, which represents victims of occupational diseases in Cumbria, says the decision could be a massive blow.
Sharon Rigby of MWR Solicitors, which specialises in asbestos-related claims, said: “The decision could affect 14,000 people a year and could mean a £1 billion saving to the insurance industry so it is obvious how high the stakes are.
“It is important to realise that this case will go to the House of Lords before a final decision is made and unless the result is overturned, workers who were negligently exposed to asbestos and have developed pleural plaques as a result of their employment will no longer be able to claim compensation.
“There will be many sufferers and their families from this area who will be furious with the decision as it overturns 20 years of law. It is a devastating result.”
Lord Chief Justice, Lord Phillips said: “There are difficult issues of principle and this will affect a very large number of claims and in these circumstances we have concluded that we should take the rare course of giving permission to appeal to the House of Lords on the issue of liability.”
He said statistics indicated only “a small minority” of people who developed pleural plaques after asbestos exposure would go on to suffer from asbestos-related disease, but "the odds are that the asbestos fibres in his lung will remain innocuous".
This latest ruling relates back to November 2004 when 10 men went to court seeking compensation from insurance companies who wanted to stop payments. In February 2005, the High Court ruled there was an increased risk of developing other asbestos-related diseases, and that having the plaques caused anxiety. However, it reduced payment from between £5,000 and £15,000 to £3,000-£7,000.
