Following the House of Lords decision in Rothwell the Government produced a consultation paper on pleural plaques. The Association of Personal Injury Lawyers has now sent in their response to the Government’s Consultation on pleural plaques in which they are calling for the ruling to be overturned.

The Association of Personal Injury Lawyers has also submitted evidence to the Scottish Government to support its initiative to overturn the House of Lords ruling.

Scottish Government to overturn the House of Lords ruling in relation to pleural plaque claims

The Justice Committee of the Scottish Parliament has taken evidence on its Damages (asbestos related conditions) Bill, which will effectively overturn the House of Lords ruling. The bill will now be debated by the full parliament.

Northern Ireland to consult on pleural plaques

Following Scotlands decision to reverse the House of Lords decision in Rothwell (effectively ending compensation claims for pleural plaque sufferers) Northern Ireland has launched a consultation paper on pleural plaques in October 2008. The consultation paper looks at examining changing the law of negligence and the benefits of offering no fault financial support to those diagnosed with pleural plaques. It would appear that Northern Ireland is following the same path for victims as the Scottish Government.

The position as it stands in English Law is that victims suffering from pleural plaques can no longer claim compensation. However, many victims of pleural plaques, although being told that the condition is harmless, have in fact been negligently exposed to asbestos and feel that they are playing a waiting game, wondering whether they may in the future be left suffering from a fatal asbestos related condition.