Under the law of England and Wales claims for damages for asbestos-related pleural plaques are not actionable pursuant to the House of Lords decision in Rothwell -v- Chemical Insulating Company Limited 17th October 2007.
However, on 19th October 2011, the Supreme Court opened the gateway for such claims to proceed in Scotland under Scottish law by dismissing a challenge by a number of insurance companies (AXA, Norwich Union, Royal SunAlliance and Zurich) to the validity of the Damages (Asbestos-related Conditions) (Scotland) Act 2009.
This will mean that Claimants suffering from pleural plaques who were unlawfully exposed to asbestos dust in Scotland are likely to be able to claim damages whereas similar Claimants who were exposed to asbestos dust in England and Wales are unable to obtain damages.
