News

ASBESTOS COMPENSATION RULED OUT BY LAW LORDS
Posted: 17-10-2007

In January 2006 the Court of Appeal decided in a test case that no compensation should be awarded to individuals suffering from pleural plaques alone.

That decision was appealed to the House of Lords, which is the final appeal court in this country. Marrons were involved in the appeal. The Court heard legal argument over a number of days in June and July this year and announced its decision on 17 October 2007.

Regrettably the House of Lords has agreed with the decision of the Court of Appeal. All five Law Lords sitting in the House of Lords decided that it was not appropriate to compensate employees who have developed pleural plaques as a result of inhaling asbestos dust at work.

The Law Lords accepted that all the Claimants in the test case had been negligently exposed to asbestos by their former employers. The key question considered by the House of Lords was whether pleural plaques and the associated anxiety experienced by someone with plaques could amount to sufficient damage or harm to attract an award of compensation. The Law Lords decided that it does not. They thought plaques were too trivial since they do not cause any physical symptoms and do not in themselves progress into anything more serious.

The effect of this decision is it will not now be possible to obtain compensation for those diagnosed with pleural plaques alone.

It is important to understand however that this decision applies only to those who suffer from plaques alone. Those diagnosed with one of the more serious asbestos conditions such as pleural thickening, asbestosis, mesothelioma or lung cancer, still have a right to claim compensation for their injuries.

We are advising those who wish to complain about the decision to contact their local MP.

<< back to headlines