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Scottish appeal judges have upheld the country's asbestos compensation law by turning down a challenge brought by major insurers who wished to halt the right of Scottish pleural plaques sufferers to claim damages.
Pleural plaques are a benign scarring of the lung caused by asbestos inhalation. They are largely symptomless and do not constitute a disease in their own right.
In March 2009 Scottish parliament passed the Damages (Asbestos-related Conditions)(Scotland) Act, effectively overturning a House of Lords ruling on the non-payment of asbestos compensation to pleural plaques patients, and insurers argued that the decision was "flawed".
Supporters of the Scottish law argued that the presence of pleural plaques indicates asbestos exposure has occurred and increases the risk of fatal asbestos-related disease.
Yet, insurers stated that the law breaks the European Convention on Human Rights by constituting unreasonable legal interference. However, although the judges agreed that it did represent interference, they reasoned that it "was justified overall".
The Scottish government has estimated that costs from asbestos compensation claims relating to pleural plaques would peak in the next decade at between £7 million and £19 million. Yet, insurers claim costs could amount to between £76 million and £607 million.
