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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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