Latest asbestos industry news
Scottish Parliament rejects asbestos law challenge by insurers
Lord Emslie of the Scottish Parliament has rejected a challenge by UK insurers to a law giving victims of an asbestos-related illness the right to claim damages.
The Damages (Asbestos Related Conditions) (Scotland) Act came into force last year, which allows sufferers of pleural plaques to seek compensation.
A previous ruling in the House of Lords said that people with pleural plaques could not claim damages, reasoning that it is not classed as a disease and has no symptoms.
Pleural plaques are scars that form as a result of exposure to asbestos and, whilst they are non-cancerous, they can lead to malignant mesothelioma, a rare form of cancer.
AXA General Insurance Ltd and other insurance companies who challenged the Damages Act in Scotland said the Act would only benefit a small group of individuals with no illness as a result of pleural plaques but would cost the insurance industry billions of pounds.
The Association of British Insurers says it will consider making an appeal.
Justice Secretary Kenny MacAskill welcomes the decision by Lord Emslie saying: "The Scottish government believes that the legislation is right in principle and right in law and has been unequivocally upheld.
"I firmly believe that people with pleural plaques should be able to raise a claim for damages and I am pleased that this decision has gone in their favour.”
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