piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Celtic compensation for pleural plaques

Asbestos-related pleural plaques are deemed actionable as personal injuries meriting damages from today in Northern Ireland.  And in Scotland, a challenge to the legislation allowing such compensation in Scottish cases has failed. 

 

These 2 developments have occurred courtesy of the Damages (Asbestos-related Conditions) Act (Northern Ireland) 2011 (effective 14.12.11) and the Supreme Court decision in AXA General Insurance Ltd & Ors v Lord Advocate & Ors [2011] UKSC 46.

 

Would-be claimants in England and Wales are not in the same position and currently are unlikely to achieve an award of damages for pleural plaques, as the law in favour of defendant insurers promulgated by the House of Lords in Johnston v NEI International Combustion Ltd [2007] UKHL 39 prevails.

 

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