Following the House of Lords decision in Rothwell, asymptomatic claimants who have pleural plaques are not entitled to apply for damages. This decision has already been reversed in Scotland where the Damages (Asbestos-related Conditions) Scotland Act, was passed on 11 March 2009, and allows damages for pleural plaques, pleural thickening and asbestosis where claimants are considered to be symptomless. Four insurers are seeking a Judicial Review of the position in Scotland, with Aviva, AXA Insurance, RSA and Zurich arguing that the Act is inconsistent with common law, and "ignores overwhelming medical evidence that plaques are symptomless and do not cause asbestos-related conditions". Prime Minister Gordon Brown commented that it was right of the government to "look again" at the situation in England and Wales (1 April, Hansard) and a Bill which would reverse the position in England and Wales passed its second reading in the House of Commons on 24 April.
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