Thousands of workers with an asbestos-related condition, pleural plaques, will not be able to claim compensation following a ruling by the Law Lords.
In the cases of Rothwell v Chemical and Insulating Co 2007 and others, the House of Lords applied the basic principle of the law of tort that a claim in negligence requires proof of damage.
Pleural plaques are areas of thick scar tissue which form in the chest lining and diaphragm and are caused by asbestos exposure. The condition is effectively symptomless. It is a sign, however, of asbestos exposure, which can lead to serious respiratory diseases including mesothelioma and lung cancer.
In the original decisions in these cases in February 2005, the High Court ruled that people suffering from pleural plaques should receive compensation. Indeed it re-affirmed the situation that had applied for many years enabling compensation to be paid. It found there was an increased risk of developing other asbestos-related diseases, and that having the plaques caused anxiety which could in some cases lead to depression.
This decision was overturned by the Court of Appeal and has now been affirmed by the House of Lords.
Solicitor, Chris Stansfield of Nelsons represents many clients who suffer from the condition. He has written to all his clients, urging them to lobby their MPs and believes that there is still a chance to win the right to claim compensation. This is especially the case now that the Scottish Parliament have indicated their intention to enable pleural plaque sufferers to continue to be able to seek redress.
He said “So far, the House of Commons has not been involved in any of the decision making. There will be political pressure on Parliament to reverse the Lords’ decision but how long that could take, no-one knows”
Last year, MPs overturned a Law Lords’ ruling that compensation could be withdrawn from people suffering from the lung disease mesothelioma, which can also be caused by exposure to asbestos, in certain situations.
