Asbestos compensation right restored-in Scotland only

It is good news that the Damages (Asbestos - Related Conditions) (Scotland) Bill made its way through the Scottish Parliament restoring the right of those suffering from asbestos related pleural plaque to pursue claims for compensation, assuming they have been negligently exposed to asbestos.

The Bill had strong support, being approved by a majority of 98 to 16.

It is hoped that the Act will receive Royal Assent at the beginning of April. Apparently there is a prospect that insurers may seek to challenge the right of the Scottish Assembly to pass this law and also argue that it breaches their human rights.

The consultation process is ongoing in England and Wales.

On the other hand, it is unfortunate that the Employer’s Liability Insurance Bureau Bill has been derailed. Opposition MPs objected to the Bill and its second reading was postponed until June.

The Bill is designed to introduce a fund to meet claims for compensation by injured workers where no financially viable employer exists and the relevant insurer cannot be traced.

It is to be hoped that this excellent Bill receives support in future.

Filed under: Uncategorized