Take The High Road

Reproduced with the permission of the Law Society Gazette where this article was published on 6 March 08.

There is currently a grave crisis over compensation for sufferers of pleural plaques, a scarring of the lining of the lungs caused by exposure to asbestos. It has arisen from the House of Lords' judgment last autumn, in Johnston v NEI that such plaques do not constitute a compensatable injury. This followed a period of over 20 years in which many with pleural plaques recovered damages that typically fell in the range of £15,000 to £20,000. This is hardly the mark of a "trivial" condition.

There are many reasons for reversing their Lordships' decision but the recent announcement by the Scottish Government that people with pleural plaques will be able to seek compensation in Scotland requires particular attention. In Westminster, Bridget Prentice MP said that "if a Scottish Parliament finds