The highest court in the land has ruled in favour of Scottish asbestos victims, who contracted pleural plaques from contact with the chemical, in a tough legal battle against insurance companies.
The Scottish Parliament passed The Damages Act in 2009 which allowed people suffering from pleural plaques, a symptomless thickening of the lung membranes caused by asbestos, to claim for damages.
However, in the rest of the UK victims cannot claim compensation since pleural plaques themselves are not a disease and have no symptoms.
A number of insurance companies, including AXA, appealed against the Scottish legislation to the UK Supreme Court, claiming that it breaks the European Convention on Human Rights provisions on property rights and therefore constitutes unreasonable legal interference.
The Supreme Court disagreed that the "judgment of the Scottish Parliament was without reasonable foundation".
Member of the Scottish Parliament Kenny MacAskill said: "The Scottish Government's Damages Act was passed with overwhelming support in the Scottish Parliament, and today's decision is a triumph for the progressive politics that saw parties unite to do the right thing and help those that have developed pleural plaques as a result of negligent exposure to asbestos.
"We firmly believe that people with this condition should be able to raise a claim for damages, and we are delighted that this decision has gone in their favour - a result that will surely bring them some comfort."
Insurers argue that the law states compensation should only be payable when there is physical harm, which cannot be said of pleural plaques.
Nick Starling, of the Association of British Insurers, said: "Insurers remain fully committed to continuing to pay compensation to people with asbestos-related conditions, such as mesothelioma.
"The insurers brought this case because they believe that the Damages Act is fundamentally flawed in that it ignores overwhelming medical evidence that pleural plaques are symptomless, and the well-established legal principle that compensation is payable only when there is physical harm.
"We are very disappointed that the court has not found in our favour on this important principle of law. Insurers will now consider carefully this judgment and what it means for them."
Related links:
Read more on the story (Herald Scotland)
Read 'Asbestos and the law' (FindLaw)
Find local personal injury solicitors throughout the UK (FindLaw)
