Personal injury advice from
Thompsons Solicitors
Personal Injury Compensation for Asbestos Related Illness, Pleural Plaques
26th January 2006
Right to Claim Compensation
Today, the Court of Appeal decided that people suffering from the asbestos related condition, pleural plaques should no longer be entitled to claim personal injury compensation.
Pleural Plaques is an irreversible scarring to the lining of the lungs, which brings with it, an increased risk (of between 1-5%) of developing other asbestos related illnesses.
The test case was brought to the Court of Appeal by insurance companies who were not happy with a decision made by the High Court last year which allowed claimants suffering from the asbestos related disease, pleural plaques to be awarded compensation for their anxiety of knowing they had been exposed to asbestos and their increased risk of contracting a fatal disease.
Thompsons Solicitors and Trade Union Amicus Working Together
Thompsons Solicitors, who are experts in dealing with asbestos related injuries and handle all of The Legal Line’s personal injury compensation claims, are now appealing to the House of Lords for them to restore the right to claim compensation for pleural plaques.
Thompsons Solicitors are working together with the Trade Union, Amicus to ensure that all workers who were negligently exposed to asbestos during their employment have the right to claim compensation for any asbestos related illness or condition they develop including pleural plaques.
The decision by the Court of Appeal to overturn the original ruling made by the High Court and disallow compensation claims from those suffering from pleural plaques was not unanimous. It was decided by a majority verdict of 2:1 when Lord Chief Justice Phillips and Lord Justice Longmore opposed the right to compensation and Lady Justice Smith disagreed with them.
The Future of Compensation Claims for Asbestos Victims
Unfortunately, this outcome means that unless the House of Lords overturn the decision made by the Court of Appeal, the right to compensation for pleural plaques, which has existed for over 20 years, will be abolished. As a result, any person exposed to asbestos, (usually due to the negligence of their employers) will not be able to claim personal injury compensation if they develop pleural plaques as a result.
Amicus General Secretary Derek Simpson said "This judgement is dreadful and harms many of our members who have been exposed in their working lives to asbestos. We believe that people with pleural plaques should be compensated and we will fight on.”
This ruling will deprive thousands of people of their right to personal injury compensation. One such victim is Ronald Page, aged 76 from Chessington in Surrey. Mr Page worked for the London Underground for 27 years and is now suffering from pleural plaques. His job involved him removing noise reduction panels from the tunnels of the Underground and these panels were made of white and brown asbestos. Mr Page said “I’m devastated with the ruling. Members of my family have died from asbestos related cancer. The anxiety of knowing that I have pleural plaques and could develop a deadly disease is with me every waking moment. It is a death sentence hanging over my head. The judges would have a very different view if they had been exposed to asbestos but of course they have always worked in ivory towers not underground tunnels.”
Ian McFall from Thompsons Solicitors, specialists in representing asbestos victims said: “We’re shocked at the result of this ruling and the impact it will now have on thousands of people. Pleural plaques are recognised by medical experts as a sign of irreversible damage to the lining of the lung caused by a history of exposure to asbestos which carries with it an increased risk of malignant disease such as the deadly cancer mesothelioma.”
As this test case pursued by Thompsons Solicitors on behalf of Amicus is so important to thousands of people, it has been reported in depth by the BBC. The full story can also be found below.
Asbestos claims ruling overturned
The Court of Appeal has overturned a ruling that thousands of people suffering from an asbestos-related condition should receive compensation. Insurance companies had appealed against a judgement that pleural plaques, a scarring of the lungs, often resulted in a more serious illness. Judges said its presence did not mean a person was suffering from any disease and therefore could not make a claim. Insurers potentially faced £1bn worth of claims after the earlier ruling.
'Difficult issues'
By a majority, a panel of judges headed by the Lord Chief Justice, Lord Phillips, reversed the findings of a High Court judge and said the controversial case should now go to the House of Lords.
Lord Phillips said: "There are difficult issues of principle and this will affect a very large number of claims and in these circumstances we have concluded that we should take the rare course of giving permission to appeal to the House of Lords on the issue of liability."
He said statistics indicated "a small minority" of people who developed pleural plaques after asbestos exposure would go on to suffer from asbestos-related disease, but "the odds are that the asbestos fibres in his lung will remain innocuous".
As the condition has been compensated since the 1980s, Lord Phillips said the court realised the appeal ruling was against 20 years of court practice, but it did not believe this would result in injustice.
Anxiety
Thursday's ruling relates back to November 2004 when 6 men went to court seeking compensation from insurance companies who wanted to stop payments.
In February 2005, the High Court ruled there was an increased risk of developing other asbestos-related diseases, and that having the plaques caused anxiety. However, it reduced payment from between £5,000 and £15,000 to £3,000-£7,000.
Overturning the High Court ruling, Justice Phillips said: "The law does not recognise a duty to take reasonable care not to cause anxiety."
ABI, the insurance industry body, said it appreciated the "clarity" of the ruling.
'Symptomless'
"It sets out that medical conditions that have no impact on health are not compensatable," said Nick Starling, ABI's director of general insurance. "This will help claimants understand what conditions are eligible for compensation, and insurers to know when they may be liable."
Norwich Union, which acted as an umbrella group for other insurance companies in the case, was pleased with the outcome. It had argued that compensation payments for pleural plaques should be ended as claimants usually have no physical symptoms other than the scarring to their lungs. Norwich Union's technical claims director Dominic Clayden said: "We welcome the judgment and believe it to be a pragmatic result on the issue of compensation being awarded for an asymptomatic condition." He added: "The issue of compensating claimants with serious asbestos-related conditions or who suffer from impairment as a result of exposure to asbestos has never been in question and they will continue to receive compensation."
The appeal ruling was described as "dreadful" by trade union Amicus. Ian McFall, of Thompsons Solicitors who are representing the union, said it overturned 20 years of established legal practise. "Many of our clients I think, will be outraged and offended that the Court of Appeal has trivialised their injury in this way by deciding that it is not worthy of any compensation."
This news reports follows a previous piece reporting the earlier ruling allowing claims for pleural plaques and and also a report of insurers planning to appeal against the ruling.
Asbestos Claim Advice
If you or a member of your family has been affected by an illness caused by exposure to asbestos, such as pleural thickening, asbestosis, mesothelioma or lung cancer, you may be entitled to claim compensation.
Contact The Legal Line for cost free, confidential advice and assistance on 0800 0328511, or by completing a claim enquiry form online.
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