Court of Appeal judges have ruled that sufferers of pleural plaques due to asbestos exposure will no longer be able to apply for damages through the courts.

In a landmark case, the Court of Appeal has ruled that compensation will no longer be paid to sufferers of pleural plaques, or scarring on the lungs, caused by asbestos inhalation.

The condition, often showing no symptoms and going undetected for many years, puts sufferers at risk of developing lung cancer and asbestosis. However, because of the increasing numbers of claims, the big insurers have fought previous decisions to compensate those affected. In 2004 they applied to the High Court to abolish these claims and in February 2005 the High Court reduced damages payable from £20 000 to £7000.

Now, the Court of Appeal has declared that pleural plaque sufferers will no longer receive any compensation whatsoever. The decision will save companies millions of pounds over the next few years. According to the Association of British Insurers some £1.4 billion has been paid out in respect of pleural plaque claims since the 1970s.

Anxiety caused by being diagnosed with pleural plaques had, in the past, been blamed for depression and psychiatric illness. Due to this judges had granted full and final settlements of up to £20 000.

Following the new ruling, until the claimant's team gets a verdict on its appeal to reverse the decision from the House of Lords there is great uncertainty as to the outcome of pending actions.

Source

Electrical and Mechanical Contractor