The insurance industry’s latest attempt to deprive asbestos victims of justice failed in Scotland last week when their attempts to overturn a decision from the Scottish Court of Appeal allowing pleural plaques victims to claim compensation was unsuccessful.

Up until 2007, asbestos victims with pleural plaques had been able to make a claim for compensation for over 20 years. That was overturned by a decision in the House of Lords which meant that they could no longer claim. Although the English Government ignored the wishes of asbestos victims and refused to overturn the decision, the Scottish Parliament chose to pass legislation which meant that pleural plaques victims would again be able to recover compensation. The insurance industry requested a judicial review of this decision, arguing that Parliament did not have the power to act in this way. In its unanimous judgment, the Supreme Court upheld Parliament’s decision.

It is believed that this decision will help over 1,000 pleural plaques victims north of the border to recover compensation. It is also believed that Northern Ireland may well follow suit. There are, however, no plans by the English Government to pass similar legislation.

There can be no logic behind a system whereby asbestos victims with pleural plaques in Scotland and Northern Ireland can recover compensation for their condition whereas victims in England cannot do so. Nevertheless, the result is a pleasing victory against the insurance industry’s constant crusade against asbestos victims.