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NEWS
05 May 2009

Door opened for asbestos claims

The Scottish Government has claimed that the right to redress for people who develop pleural plaques after being negligently exposed to asbestos will be secured from June 17, the date of the coming into force of the Damages (Asbestos-related Conditions) (Scotland) Act.

"Asbestos is a potentially lethal substance. That has been widely known for many decades. Sadly, however, proper protective measures were not always put in place. Some employers failed in their duty of care. They negligently left workers exposed to asbestos and so to risk of serious harm, even death," said Fergus Ewing.

"For many years the Courts accepted that anyone injured in these circumstances, with or without symptoms, was entitled to redress. The Scottish Government believes that was the right approach. That is why we have acted to ensure that the House of Lords ruling of October 2007 will not have effect in Scotland. We are determined to stand up for the rights of wronged individuals. The implementation of this legislation will ensure recognition, compensation and justice are not denied to those of our fellow citizens who, through no fault of their own, have sustained an asymptomatic asbestos-related injury and are at much greater than average risk of developing a painful and ultimately fatal condition.

" I am pleased that Lord Glennie this week rejected an attempt by Axa Insurance, Norwich Union Insurance (Aviva), Royal & Sun Alliance Insurance and Zurich Insurance to prevent the Scottish Government bringing this legislation into force. We will continue to defend the rights of individuals who have been negligently injured and the right of the Scottish Parliament to make law for our country."


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