MINISTRY OF JUSTICE
News Release (081/08) issued by The Government News Network on 9
July 2008
The Government
launched a consultation today on the most appropriate way of
supporting people diagnosed with pleural plaques.
Pleural plaques are small localised areas of fibrosis found
within the pleura of the lung caused by asbestos exposure.
Before last year it was possible for those with pleural plaques
to claim damages. In October 2007, the Law Lords ruled that
pleural plaques were not actionable or compensatable, meaning that
people who have been diagnosed with them are no longer able to
claim compensation under the civil law of negligence.
The consultation paper asks for views on the best and most
appropriate way to respond to the Law Lords decision. It proposes
action to improve understanding of pleural plaques and to provide
support and reassurance to help allay people's concerns. It
also asks whether changing the law of negligence would or would
not be appropriate and seeks views on the merits of offering no
fault financial support to people diagnosed with pleural plaques,
and on possible ways of doing this.
Justice Minister Bridget Prentice MP said:
"We understand the concern and anxiety experienced by people
who have been exposed to dangerous substances like asbestos, and
who have been told they have pleural plaques.
"The Law Lords have made their decision on legal grounds but
those with pleural plaques may still need support. We need to find
the best way forward to provide that support.
"The Government is committed to consulting on a way forward
and welcome views on how people who have been exposed to asbestos,
and developed pleural plaques, might be helped.
"Providing reassurance to people and offering financial
support are among the suggestions we are asking for views on."
Notes for Editors
1. A copy of the paper is available at http://www.justice.gov.uk The
closing date for consultation is 1 October 2008.
2. Pleural plaques are small localised areas of fibrosis found
within the pleura of the lung caused by asbestos exposure. They do
not usually cause significant symptoms (if any) and do not impair
lung function. Pleural plaques are in themselves benign but are a
marker of exposure to asbestos. On the basis of certain High Court
decisions in the 1980s, it was possible for people to be awarded
damages for negligent exposure to asbestos which had led to the
presence of pleural plaques. However, in January 2006 the Court of
Appeal held in the case of Rothwell v Chemical & Insulating Co
Ltd (and conjoined cases) that pleural plaques were not
compensatable. In a unanimous decision on 17 October 2007 the
House of Lords upheld that decision.
3. Compensation is already available for a range of
asbestos-related diseases such as mesothelioma, asbestosis,
pneumoconiosis and asbestos-related lung cancer, and the House of
Lords judgment confirms that if the claimants did develop any
recognised asbestos-related disease in future they would then have
a claim in respect of that disease. However, following the Law
Lords' decision compensation is no longer available for
pleural plaques.
http://www.justice.gov.uk
ENDS