Background: Insurance giants were no match for Scottish courts

Published on Tuesday 12 April 2011 18:18

IN 2006 the English Court of Appeal overturned the practice that employees would receive damages for contracting pleural plaques as a result of exposure to asbestos.

It held that the pleural plaques did not constitute an injury or disease in the eyes of the law. In October, 2007, the House of Lords decided to uphold the English Court of Appeal's decision as well as concluding that the risk of developing other asbestos-related conditions, and any resulting anxiety caused to claimants, was not sufficient cause for legal action.

In November, 2007, Scottish ministers moved to introduce legislation overturning the decision, which would become the Damages (Asbestos-related Conditions) (Scotland) Act 2009.

Before the act is introduced, a number of insurance firms raised an action for a judicial review and sought, unsuccessfully, an interim interdict to stop the act being brought into force. In January 2010 Lord Emslie rejected the insurance firm grounds of challenge, leading to further appeal to the Court of Session, which was rejected yesterday.