Press Release
21st March 2003
Fast-Track Treatment for
Asbestos Victims "an important victory" – McNeil
MSP for Greenock & Inverclyde,
Duncan McNeil, has welcomed changes announced by the Lord
President, Lord Cullen, which will allow "fast-track"
court hearings in personal injury cases for terminally ill
people, including asbestos sufferers.
The new procedures, set to be introduced from 1st April 2003, follow a report from the Scottish Parliament’s influential Justice II Committee which called for speedier hearings in mesothelioma cases and other cases where the victim is terminally ill and might otherwise die before the conclusion of the case.
"When I met with the Justice Minister to discuss this matter last week, there was some concern that progress on reform was not being made fast enough," Mr McNeil said today. "I am therefore delighted that the final details have been ironed out and that the new rules will be in force in a matter of days."
He continued:
"This is an important victory for all those who have campaigned long and hard to get justice for asbestos victims.
"It’s bad enough that workers, through no fault of their own, should be condemned to an unpleasant and painful death by their former employer. But being denied proper compensation by court rules which allow insurance companies and their sharp lawyers to spin cases out in the hope the victim will die before they have to pay up, adds insult to injury.
"It’s an act of faith for me that the Scottish Parliament can take on these powerful vested interests and deliver a result which will make a real difference to the lives of asbestos victims and their families throughout my community. "
Reforms to the Court of Session rules mean that all personal injury cases will be set a hearing date in 12 months. The Justice II Committee expressed concern in its report issued on 8th January 2003 about the impact in cases of mesothelioma (the most serious disease arising from asbestos exposure) where life expectancy may be 12 months or less.
The changes to the Court's guidance on the new procedures make clear that where someone has a life expectancy of less than 12 months, the Court will look with "considerable sympathy" on any application to resolve the case in a shorter timescale.
Justice II Committee convenor, Labour’s Pauline McNeill, said:
"This important outcome has only been
achieved through unprecedented co-operation between the
Parliament and the judiciary. The spirit of the new policy is to
make sure that terminally ill people have the best opportunity
possible of seeing justice done in civil courts."
ENDS
Notes
The Justice 2 Committee's report was a response to Petition
PE336 submitted to the Parliament on 22nd January 2001
by Frank Maguire of Thompsons solicitors on behalf of Clydeside
Action on Asbestos.
Back to Current Press Releases
[ HOME ] [ News ] [ Articles ] [ Calendar ] [ Contacts ] [ Links ] [ E-Mail ]
[ Copyright ] [ UK Online ] [ Scottish Parliament ]