February 13th, 2006
The Court of Appeals has overturned a decision made by a High Court with regards to those exposed to asbestos but not suffering any illness from their exposure. The Court of Appeals said that no compensation should be paid to people that have been exposed to the potentially deadly substance if they are not suffering from any related illness. The decision of the Court of Appeals is expected to save insurers around £1.4 billion, which these companies were expected to have to pay out over the next few decades to those suffering from pleural plaques.
The decision of the Court of Appeals came when two plaintiffs who had been awarded compensation from insurance companies for pleural plaques decided to seek an increase in damages. However, the Court of Appeals decided that pleural plaques, which can form between the lungs and ribs from exposure to asbestos, were not visible, did not cause any symptoms, and did not impair the way a person functioned.
According to trade unions, around 14,000 cases of pleural plaques come to light every year, and these amount to around 75% of claims. Some were worried that the ruling by the Court of Appeals would allow the insurance companies to claim back damages already paid to the plaintiffs, but officials for the insurance companies have stated that this will not be the case.
One legal consultant stated: “Twenty years of practice in the civil courts have been overturned. No one can deny the huge importance of the financial aspects of the case.”
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