Overview

The Scottish Inner Court of Session ruled on 12 April 2011 that the Damages (Asbestos Related Conditions) (Scotland) Act 2009 (the Act) was within the powers of the Scottish Parliament, despite being inconsistent with a decision of the UK House of Lords (now the Supreme Court) in the conjoined cases known as Rothwell v Chemical Insulating Co Ltd.

The Act provides that certain asbestos-related conditions, including pleural plaques (scarring to the lining of the lungs, caused by exposure to asbestos fibres) constitute an actionable personal injury, despite pleural plaques being asymptomatic and not directly leading to more serious asbestos-related diseases, such as mesothelioma, lung cancer or asbestosis.

This is not the position in England and Wales, where claims for pleural plaques alone will not succeed, and was not the position at common law in Scotland, prior to the Act.

Holman Fenwick Willan provides the details.

Please click ‘view briefing’ to read more.