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Monday, 6th October 2008

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Ministers should draw long breath before compensating for asbestos lung scarring



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Published Date: 07 July 2008
By Nick Starling
WHAT'S the difference between exposure and injury? The answer could be liability under Scots law, due to new legislation before the Scottish Parliament.
In October, the House of Lords ruled that pleural plaques, a scarring of the lung caused by exposure to asbestos – is not an actionable injury.

Last month, the Scottish Government published the Damages Bill that aims to overturn that judgment, by...



The full article contains 508 words and appears in The Scotsman newspaper.
Page 1 of 1

  • Last Updated: 06 July 2008 7:08 PM
  • Source: The Scotsman
  • Location: Edinburgh
  • Related Topics: Legal Issues
 
1

Conan the Librarian™,

07/07/2008 01:27:52
Ah. An Insurance man...
2

Thomas J,

Dunfermline 07/07/2008 05:12:26
This would be the same insurance group that use their lawyers to stall for time with asbestosis claimants because they know that the sufferer will soon die and the amount awarded to the widows of claimants is much less.

I have seen with my own eyes an asbestosis sufferer in tears because the other side's (the insurers) lawyers have conveniently lost all of the papers for his claim and he knows he will not live to see his day in court.

This disease is unique and calls for unique solutions.
3

Alternative (High-Octane) Fuel Head,

Edinburgh 07/07/2008 11:29:28
Isn't it strange that if you are stupid enough to trip over a desk or bang your head on a cupboard, there are companies falling over themselves to take the matter to court and insurance companies falling over themselves to pay you a few grand, yet if you have contracted a real life-threatening illness because of poor health and safety practices at your work, they are going to try to hide behind legislation?

If they want to legislate against damages claims, then they ought to start by banning the "no win, no fee" brigade and advising the courts to take a hard line against people who injure themselves through stupidity and then try to put the blame on someone else.

 

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