Giants battle ruling to give asbestos sufferers damages

Published on Tuesday 26 May 2009 22:02

INSURANCE firms went to court yesterday in an attempt to overturn a law affecting victims of negligent exposure to asbestos.

Some of the biggest names in insurance are against giving victims of pleural plaques, an asbestos-related condition, the right to seek damages.

The industry argues that the law, which is set to come into force on 17 June, will breach the European Convention on Human Rights and has resulted from an "unreasonable and irrational" process.

The insurers went to the Court of Session in Edinburgh yesterday for a first hearing in a judicial review of the legislation. The case is expected to sit for at least six days between now and the middle of next month.

The legal challenge has been raised by Axa, Norwich Union, Royal & Sun Alliance and Zurich Insurance, after legislation was passed by MSPs in March.

The law overturned in Scotland a landmark House of Lords ruling that people with pleural plaques – a thickening of the lung membranes – could not seek compensation. The new Damages (Asbestos-related Conditions) (Scotland) Act will restore the right to seek damages.