House of Lords decide against pleural plaques compensation

On the 17th October 2007 the House of Lords ruled that victims of pleural plaques were not entitled to recover compensation.

The House of Lords decided not to reverse the decision made by the Court of Appeal in January 2006 on the basis that since pleural plaques are asymptomatic then there is no damage to the individual. Without damage there can be no cause of action in respect of a claim in tort.

This is a great disappointment for those with claims pending and for those who may be diagnosed with this condition in the future.

A claim can still be brought for a person whose pleural plaques actually give rise to symptoms as long as they are more than trivial symptoms. However, such cases are few and far between.

It remains to be seen whether the insurance industry attempts to use the arguments made in the pleural plaques litigation with other asbestos related conditions such as diffuse pleural thickening and asbestosis where the condition does not cause any symptoms other than those that are trivial.

Should you wish to discuss the information contained in this article further, or have questions relating to this area of law, please contact Deborah Krelle  0161 876 2518 or deborah.krelle@colemans-ctts.co.uk