Specialists in pursuing claims for people harmed through work or during medical treatment
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24th Jun 2008
Campaigners hail Scottish pleural plaques decision
Campaigners against a controversial House of Lords’ ruling which prevents pleural plaques sufferers from receiving compensation, this week hailed a Scottish Parliament move to introduce a bill which will effectively overturn the decision.
Carol Gill, industrial disease specialist with Barnsley-based Raleys Solicitors, has already joined forces 
with Mick Clapham MP (Barnsley West and Penistone) and representatives of the specialist construction workers union UCATT to launch a campaign to overturn the ruling.
with Mick Clapham MP (Barnsley West and Penistone) and representatives of the specialist construction workers union UCATT to launch a campaign to overturn the ruling.Now Carol, a partner at the Regent Street firm, is welcoming the news that Scottish Justice Secretary Kenny McAskill is to unveil a bill which will entitle anyone in Scotland to make a claim if they contract the asbestos-related pleural plaques.
In October last year, the Law Lords upheld a Court of Appeal decision from 2006 which confirmed an earlier judgement that compensation would no longer be paid because pleural plaques – a scarring of the lining of the lungs - does not usually cause symptoms.
“The Parliamentary Under-Secretary of State at the Ministry of Justice, Bridget Prentice MP, said in Parliament that if the Scottish Parliament legislated to change the law, then it would be unacceptable for people in one part of the United Kingdom to receive compensation and others in another part not to do so,” said Carol.
“She described that as ‘inequitable’, and she’s absolutely right. How on Earth would it be fair for people in Scotland to be able to make a claim, but not in England?”
Carol said this new Scottish bill is the first major victory on the way to reversing the ruling, and ensuring everyone in the UK is entitled to justice.
“Before this terrible ruling was made, anyone diagnosed with pleural plaques was able to claim compensation if they later developed the incurable lung cancer, mesothelioma,” said Carol. “But the ruling meant that most victims would not be able to claim compensation in their lifetime, causing an enormous amount of distress and just adding to their suffering.”
“The judgement did not take into account the dreadful fear and anxiety caused by being diagnosed with the condition,” she said. “We can now afford to hope that once the Scottish bill is introduced, the Government stays true to its word and reverses the decision for all the sufferers in the UK.”
Carol – who has specialised in industrial disease claims for 15 years – has seen first-hand the effect being diagnosed with pleural plaques has on sufferers.
“A diagnosis of pleural plaques means that an individual does have an increased risk of developing another asbestos related disease. These people should be entitled to compensation - all they did, was to go to work,” she said.
Pleural plaques are small to medium sized areas of scarring on the lining of the lungs caused by asbestos. They are non-malignant and often do not produce any symptoms, but studies have shown sufferers have an increased risk of developing another asbestos-related disease.
It is estimated that between a third and a half of all workers exposed to asbestos during their working lives will develop pleural plaques. Before the Court of Appeal stopped compensation payments last year, sufferers were entitled to compensation of up to £15,000.
Ends
Issued on behalf of Raleys Solicitors, www.raleys.co.uk by Nexnet PR, 8 York Place, Leeds, LS1 2DS, www.nexnet.co.uk. For further information, call Nexnet on 0113 2470029 or contact andy.dickens@nexnet.co.uk or paul.butler@nexnet.co.uk.