Insurers Defeated Over Plaques Law

[brothermagrew]

Insurance giants have lost a legal bid to overturn a Scottish law which allows victims of an asbestos-related condition to claim damages. Unions and asbestos campaigners welcomed the Court of Session ruling supporting the pleural plaques law that came into force in Scotland last June. A 151-page written ruling from Judge Lord Emslie, rejecting the legal challenge from Axa, Norwich Union, Royal & Sun Alliance and Zurich Insurance to the Damages (Asbestos-related Conditions) (Scotland) Act 2009, said he did not accept that the insurers' complaints come anywhere near the standard of 'irrationality' needed to invalidate an Act of the Scottish parliament. The law in Scotland reverses a House of Lords ruling that people with pleural plaques could not seek compensation. Harold McCluskey, chair of Clydebank Action on Asbestos, said: 'This is great news for the victims of pleural plaques. It is absolute rubbish to say that pleural plaques doesn't affect victims.' STUC general secretary Grahame Smith commented: 'This is a victory for those suffering from asbestos related conditions, for those who represent them, and for the Scottish parliament which acted so swiftly to ensure that the Damages (Asbestos-related Conditions) (Scotland) Act 2009 was passed.' Unite Scottish secretary John Quigley said the ruling 'is a victory for people, not profit, and we will use this as a launching pad in the campaign for legal parity across the rest of the UK.' GMB senior organiser for Scotland, Jim Moohan, said he hoped the ruling 'brings an end to the insurers of the companies putting forward completely inhumane challenges' to the right to pleural plaques compensation. UCATT general secretary Alan Ritchie also welcomed the ruling, adding: 'The British government must now move swiftly to restore full compensation to all pleural plaques sufferers. Pleural plaques victims must not be trapped in a postcode lottery about whether or not they receive compensation.'

Source TUC Risks 439

Court of Session Opinion on the Judicial Review - http://www.scotcourts.gov.uk/opinions/2010CSOH02.html" onclick="window.open(this.href);return false;

[Yahoorsur]

,I have followed this for a wee while,this is great news.

[brothermagrew]

Hear that the Insurance firms are appealing this decision.

[fishtank]

Hear that the Insurance firms are appealing this decision.

"he did not accept that the insurers' complaints come anywhere near the standard of 'irrationality' needed to invalidate an Act of the Scottish parliament."


Then that brothermagrew is a totally reprehensible abuse of the appeal system and if they lose they should pay a LARGE penalty.