Government Must Act Swiftly on Pleural Plaques After Insurers Legal Challenge Fails

Construction union UCATT are calling for the British Government to move quickly to restore compensation to pleural plaques sufferers, after the announcement that a judicial review brought by insurance companies in Scotland had failed.

In April 2009 leading insurance companies Aviva, AXA Insurance, RSA and Zurich, launched a judicial review challenging the Scottish Parliament’s Damages Act, which restored compensation for pleural plaques victims in Scotland. It was announced today (8 January) that the judicial review had been dismissed.

Alan Ritchie, General Secretary of UCATT, said: “The decision to dismiss the judicial review is good news for pleural plaques sufferers throughout Britain. The British Government must now move swiftly to restore full compensation to all pleural plaques sufferers. Pleural plaques victims must not be trapped in a postcode lottery about whether or not they receive compensation.”

Although the Scottish Parliament had passed the Damages Act, no compensation payments were made to pleural plaques victims in Scotland, while the judicial review process was ongoing. UCATT are now calling for pleural plaques victims in Scotland to receive compensation as soon as possible.

Mr Ritchie, added: “The insurance industry were using the judicial review to delay paying compensation to asbestos victims both north and south of the border. It was a very cynical manoeuvre and I am pleased it has failed.”

For Further information contact Barckley Sumner on 0780 2329235

UCATT represents 125,000 members employed in the construction industry throughout the United Kingdom and the Republic of Ireland

Note to Editors: Pleural plaques are scarring of the lungs caused by heavy and prolonged exposure to asbestos. Victims develop some physical symptoms and often also develop severe mental trauma. Pleural plaques victims have a greatly increased possibility of developing the incurable lung cancer mesothelioma.

In October 2007 the Law Lords overturned over 20 years of civil law and ruled that pleural plaques could no longer be compensated. In July 2008 the Government launched a consultation exercise to examine whether the Law Lords ruling should be overturned. Despite repeated promises that the Government would respond to the consultation, no announcement has yet been made.