News

Court of Appeal Pleural Plaque Test Case Result
Posted: 26-01-2006

The effect of the Judgement is to deny any compensation to those diagnosed with pleural plaques. The Judgement applies to all ongoing pleural plaque cases apart from those that have already settled on a full and final basis or on a provisional basis where the Court has approved an order.

The case turned upon the issue of whether the development of pleural plaques is sufficiently serious to amount to damage so that an award of compensation can be made. The Court decided that not only were pleural plaques not sufficiently serious but that in law the future risks of developing a more serious asbestos related condition and associated anxiety should not be taken into account when assessing liability to compensate.

There is a right of appeal to the House of Lords, which is the final appellate court in England. Leave has been granted but even so it is estimated that it may take up to two years for the Court to hear the case and provide a final decision.

The Judgement does not affect cases involving more serious asbestos related diseases which cause symptoms.

We are obviously doing all we can along with other Claimant’s solicitors to try and ensure a successful outcome to the appeal. If you feel strongly about this issue we advise you to make your views known to your local MP.

In the meantime and until the final decision of the House of Lords is known we cannot take any further action to progress your claim. We will let you know the House of Lords decision as soon as it becomes available.

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