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Supreme Court Court backs asbestos compensation law | |
(about 6 hours later) | |
Insurance companies have failed in a legal bid to scrap the right of people in Scotland to claim damages for an asbestos-related condition. | |
The UK Supreme Court dismissed their case, upholding the right of people with pleural plaques to claim compensation. | |
Insurers earlier lost a bid to overturn the laws at the Court of Session. | |
Most Scots affected by pleural plaques previously worked in heavy industry, such as shipbuilding. | |
Pleural plaques are not themselves a disease and have no symptoms, but the thickening of lung membranes is an indicator of past exposure to asbestos. | |
This is a highly significant judgement. | |
The UK Supreme Court has said the judgement of the Scottish Parliament as an elected body about what constituted the public interest, should be respected. | |
Although pleural plaques are not in themselves a disease, and have no symptoms, they indicate previous exposure to asbestos. | |
Victims say it causes them great distress and concern they may develop a more serious condition. | |
Insurance companies say they should not have to pay compensation for something which has not, and may not, happen. | |
Because of this, the House of Lords ruled five years ago that victims could not claim compensation. | Because of this, the House of Lords ruled five years ago that victims could not claim compensation. |
However, the Scottish government disagreed and passed the Damages (Asbestos-related Conditions)(Scotland) Act in 2009. | However, the Scottish government disagreed and passed the Damages (Asbestos-related Conditions)(Scotland) Act in 2009. |
Ministers argued pleural plaques could give rise to more serious conditions, like lung cancer, mesothelioma or asbestosis. | |
It allows claims to be made with the likely cost estimated at between £7m and £9m. | It allows claims to be made with the likely cost estimated at between £7m and £9m. |
But insurance firms have vigorously attacked the legislation, alleging it infringes against human rights laws. | |
The industry argued that it broke European Convention on Human Rights provisions on property rights and constitutes unreasonable legal interference. | |
But Supreme Court justices in London dismissed an appeal by several insurance companies - including AXA - against an April decision by Court of Session judges in Scotland, who rejected argument that the legislation was unlawful. | |
The Supreme Court ruled that it could not be said that the, "judgment of the Scottish Parliament was without reasonable foundation". |