Scottish Judge Rules In Favor of New Asbestos Law

A judge in Scotland has overruled an effort by the country's insurance industry to nullify a law recently passed by Parliament that allows patients suffering from ailments related to asbestos exposure to seek compensation. After a hearing that lasted for more than three weeks, Supreme Court Judge Lord George Nigel Hannington Emslie ruled against a bid by attorneys representing several of the UK's largest insurers who sought to overturn The Damages (Asbestos-related Conditions)(Scotland) Act.

The law, passed by the Scottish Parliament and put into effect in 2009, states that patients who suffer from pleural plaques, a benign condition related to the much more dangerous lung disease of mesothelioma, can pursue legal damages against an employer that allows workers to be exposed to asbestos. Scientific studies have found that prolonged exposure to asbestos can directly lead to mesothelioma, an aggressive form of cancer that attacks the fluid lining of the lungs.

The law also overturns a ruling made by Britain's House of Lords that disallowed patients from making such claims. The basis for that decision was that the benign form of the disease did not display any of the symptoms of the more malignant varieties. However, the presence of pleural plaques can lead to a significantly higher risk in developing mesothelioma later in life.

In recent years, the rate of incidence for mesothelioma and other forms of asbestos-related lung diseases have skyrocketed all over the UK, with the country's scientists expecting the disease to reach its peak in the next ten to fifteen years. Several government agencies and activist groups for worker safety and environmental protection have launched public service campaigns to raise awareness of the disease and to urge those workers who may have been exposed to asbestos to seek out diagnoses and treatments.

Solicitors for the Association of British Insurers stated that the law would only work to help a very small selection of patients, many of whom did not display any serious health problems. At the same time, the regulations would put a "disproportionate and excessive burden" on insurance companies that could total well into the millions of pounds.

In his ruling, Lord Emslie wrote about "differences of opinion" between the Scottish Parliament and the insurance firms, especially considering the manner in which Parliament passed the bill. The ruling also stated that the judge did not accept at face value the complaint that the law itself was "irrational" and needed to be invalidated on that basis.

Scottish Cabinet Secretary for Justice Kenny MacAskill approved of the judge's decision, saying that he believes in the law protecting patients who have developed pleural plaques. He also said that he wants the leaders of the insurance industry to "carefully reflect" on the ruling and urged them not to pursue an appeal.

The Association has already planned to appeal the ruling to the Inner House, Scotland's supreme civil court. According to Nick Starling, the organization's director of general insurance and health, the insurers believe that the new law is "fundamentally flawed" and that they have strong grounds to get the measure overturned on appeal. Although the firms continue to fight the law, the result of the appeal will not affect payments insurers are already making to patients affected by malignant mesothelioma.

Sources: The Press and Journal, BBC

News

Resources

This site complies with the HONcode standard for trustworthy health information: verify here

If you would like to receive a FREE information packet or have questions about mesothelioma, call us at:

Toll-Free 1-877-367-6376