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House of Lords confirms pleural plaques do not amount to actionable damage

Kennedys Law LLP
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United Kingdom
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February 22 2008

Claimants appealed against a decision that pleural plaques caused by negligent exposure to asbestos, which were not in themselves damage that could give rise to a cause of action, did not become actionable damage when aggregated with the risk of future disease and consequent anxiety

Johnston v NEI International Combustion Limited, Rothwell v Chemical and Insulating Company Limited and others, Topping v Benchtown Limited, Grieves v FT Everard & Sons and others

Norton Rose Fulbright LLP
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United Kingdom
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March 18 2008

In a decision which will come as a relief to insurers and reinsurers, the House of Lords has unanimously upheld decisions of the Court of Appeal to overturn awards for damages for the development of pleural plaques

Pleural plaques and asymptomatic asbestos disease the plot thickens

Kennedys Law LLP
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United Kingdom
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September 11 2009

Jack Straw, Secretary of State for Justice, announced on 22 July 2009 that the Government would be delaying its decision on whether to introduce legislation to reverse the House of Lords’ decision on pleural plaques in Rothwell 2007 and so allow pleural plaques to become a compensatable condition

Pleural plaques announcement

Kennedys Law LLP
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United Kingdom
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March 12 2010

On 25 February 2010 the MoJ confirmed that the decision in Rothwell and others v Chemical and Insulating Company Ltd is not to be overturned and pleural plaques will remain non-compensatable (until such time as further medical evidenceresearch becomes available

NHS asbestos legacy - SHAs pick up the tab

Kennedys Law LLP
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United Kingdom
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July 9 2010

In recent years health authorities have found themselves implicated in asbestos related disease claims

Northern Ireland intends to restore compensation for pleural plaques

Edwards Wildman Palmer LLP
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United Kingdom
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July 15 2009

Northern Ireland's Finance Minister, Nigel Dodds, has announced he is to recommend a change to the law, similar to that recently enacted in Scotland, which will allow individuals with pleural plaques to claim compensation

Disease brief - blame the parents

Kennedys Law LLP
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United Kingdom
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July 4 2011

A recent case has expanded the potential liabilities of parent companies for their subsidiaries

Alternative treatment

Kennedys Law LLP
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United Kingdom
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July 4 2011

During his employment by the Defendant as a joiner between 1974 and 1980 the Claimant was negligently exposed to asbestos, as a result of which he contracted mesothelioma

Result of the second leg: Scottish Government 2 - Insurers 0

MacRoberts LLP
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United Kingdom
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April 14 2011

In January 2010, we told you that Lord Emslie in the Court of Session had rejected a challenge from a group of leading insurance companies in relation to the Damages (Asbestos-related Conditions)(Scotland) Act 2009 ("the 2009 Act"

Top tips for defending noise induced hearing loss claims

Kennedys Law LLP
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United Kingdom
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October 29 2012

The Supreme Court decision in Baker v Quantum Clothing Ltd 2011 was seen as having prevented the opening of the floodgates of industrial deafness claims