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NEWS
12 Mar 2009

House of Lords time-bar on asbestos claims will not apply in Scotland

The Scottish Government's Damages (Asbestos-related conditions) (Scotland) Bill was passed in Parliament today, ensuring that a contrary House of Lords judgement will not have effect in Scotland.

On 17 October 2007, the House of Lords ruled that pleural plaques do not merit compensation in English tort (Scots delict) law

"We have a moral duty to ensure that those who suffer the effects of asbestos due to our industrial past should be able to claim for damages,"Minister for Community Safety Fergus Ewing said:

"The Parliament has today agreed that the House of Lords judgement which denied compensation for pleural plaques in England should not have effect in Scotland. People with pleural plaques have been injured and have a significantly higher risk than the general population of developing mesothelioma, which is a particularly vicious cancer.

"We cannot underestimate the anxiety that this brings to people affected by it or those living with them. I hope this action will bring some relief to those people who are living every day with this condition."


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