The Damages (Asbestos-related Conditions) (Scotland) Act, which gives hope of compensation to people suffering from pleural plaques in Scotland, was passed with a large number of votes in its favour by the Scottish Parliament, and got the Royal approval recently. The Act departs from a 2007 House of Lords decision that went against compensation in the UK, and provides some relief to sufferers in Scotland.

The largest UK insurers are now opposing this Act, with a demand for judicial review of the Act being made by Aviva, Axa, RSA and Zurich Insurance before the Court of Session in Edinburgh.

The insurers’ challenge to the Act has resulted in widespread criticism, as it will deny the victims of pleural plaques any protection or remedy. Ian McFall, Thompsons Solicitors’ Head of Asbestos Policy, said that this action by the insurers shows their apathy towards the workers’ right to compensation for the damage caused to their health by extended asbestos exposure.

According to McFall, the move by the insurers could delay justice for pleural plaques victims in the rest of the UK too. He spoke out against the action, stating that it was taken in spite of there being strong medical support for the claim that pleural plaques cause great irreversible harm to the lungs due to asbestos, and lead to increased chances of serious diseases like mesothelioma.

He further added that the victims of pleural plaques should not be made to wait and that the Government should announce its plan for England and Wales. According to an assurance given by the Prime Minister, the government’s decision on the issue will be announced after the Easter break. McFall suggested that the government should ignore the Scottish judicial review petition and quickly resolve this matter.

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