Pleural plaques

Unions continue to demand legislation to redress a House of Lords judgment on pleural plaques. Pleural plaques are areas of thick scar tissue in the chest lining and diaphragm, indicating exposure to asbestos dust and fibres. In October 2007, the House of Lords (now Supreme Court) upheld a Court of Appeal decision preventing people with pleural plaques from claiming compensation (Rothwell v Chemical & Insulating Co Ltd and others [2007] UKHL 39). The Scottish parliament reversed this decision in Scotland by passing the Damages (Asbestos-related Conditions) (Scotland) Act 2009 (the Damages Act), which enables victims suffering from pleural plaques to bring personal injury claims for compensation.

Equivalent laws in Northern Ireland, the Damages (Asbestos-related Conditions) Act NI, allow people in Northern Ireland suffering from pleural plaques to seek compensation. This leaves England and Wales isolated in continuing to fail to legislate for compensation for sufferers of pleural plaques.