16th October 2007
Law Lords’ Blow for Asbestos Victims
CALL FOR LAW CHANGE AS INSURANCE GIANT OPENS LOOPHOLE
The House of Lords is set to deal a
severe blow to local asbestos victims, it has emerged.
It
is believed that the Law Lords will tomorrow uphold a claim by insurance giant
Norwich Union and others that pleural plaques is not an injury for which victims
can be compensated.
Pleural plaques
– one of several asbestos-related diseases – is a scarring of the lung
caused by the inhalation of asbestos fibres. Many cases progress to Mesothelioma – an aggressive and
fatal cancer of the lining of the lung.
For
over 30 years, the Court of Session (Inner House) has upheld compensation claims
where the applicant has contracted pleural plaques. Victory for Norwich Union, however, will overturn this
precedent, leaving hundreds of former shipyard workers in places like Greenock,
Glasgow and Clydebank unable to claim for their industrial injuries.
MSP
for Greenock and Inverclyde, Duncan McNeil, says the Scottish Parliament needs
to work fast to close this legal loophole:
“The
Law Lords’ backing for Norwich Union is a bitter blow, but we’re not
defeated yet. The Scottish
Parliament has a good track record of getting justice for asbestos victims by
changing the law to close the unjust loopholes which insurance companies and
their lawyers mercilessly exploit.
“Now
the Parliament needs to step into action again. It needs to use its powers and change the law so that it
specifically designates pleural plaques as an injury which can be compensated.
“A
Bill to do this has already been drafted and I join my colleagues in calling on
Justice Secretary, Kenny MacAskill, to take this Bill on and give it the
government’s parliamentary time. The
legislative programme isn’t exactly over-crowded this session and, as I’m
sure MSPs of all parties will back the Bill, this would let us change the law
quickly and easily.”
ENDS
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