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Holyrood opinion poll

With the publication of the interim Calman Report, do you think –
 
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Pleural plaques action being taken Print E-mail
Wednesday, 06 February 2008

Scots living with two asbestos-related conditions, as well as pleural plaques, will be able to continue claiming damages after Justice Secretary Kenny MacAskill announced additions to a Holyrood bill aimed at reversing the House of Lords judgement on the issue. 

The Lords ruled on October 17 that symptomless pleural plaques do not give rise to a cause of action under the law of damages. Prior to the judgement, pleural plaques had been regarded as actionable for over 20 years. MacAskill announced soon after the Scottish Government would legislate to ensure Scots sufferers would still be able to claim.

The new additions to the Bill ensure that those suffering similar asbestos-related conditions like asymptomatic asbestosis or pleural thickening will also be able to claim for damages.

MacAskill said:

“This Government has already taken steps to ensure that those who suffer the effects of asbestos as a result of our industrial past are able to claim for damages. It is right and proper that we should not turn our backs on those who contributed to our nation's wealth in the past. That is why this Scottish Government announced last November that we are to take steps to reverse the House of Lords Judgment and ensure that people with pleural plaques can continue to raise an action for damages.

“So that the House of Lords Judgment does not have an effect in Scotland we need to make sure that people who have developed symptomless forms of other asbestos related conditions can continue to be able to claim for damages. So we intend to include provisions in the bill to make sure that is the case. This Government takes this issue very seriously and I hope this move to help those who have been affected by exposure to asbestos will bring some relief to people living with this condition.”

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