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05 July 2007
Issue: 7280 / Categories: Legal News , Health & safety , Damages , Professional negligence
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Pleural plaques case goes to House of Lords

News

The House of Lords is being asked to overturn last year’s Court of Appeal decision, Rothwell v Chemical & Insulating Co Ltd; Re Pleural Plaques Litigation, which brought to an end an established right to compensation (which existed for 20 years) for pleural plaques.

Pleural plaques rarely cause immediate symptoms but are associated with an increased risk of developing fatal conditions like mesothelioma or asbestosis. In the past claimants could receive compensation of up to £15,000.

Association of Personal Injury Lawyers vice president, Amanda Stevens, says the Court of Appeal’s ruling came as a bitter blow for those whose lives have been blighted by the condition.

She says: “Pleural plaques are still an injury even though they cannot be seen. This is far from just a scar on the lungs. Those diagnosed are sentenced to a lifetime of uncertainty and distress. The clock starts ticking the moment they are diagnosed. Unless this ruling is overturned, negligent employers who exposed their workers to asbestos will get off scott free and the insurers will pocket the windfall.”

Derek Simpson, general secretary of the Unite union, says: “People with pleural plaques should be compensated for the genuine injury that asbestos exposure has caused.”

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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