Employers’ and their insurers are anxiously awaiting a decision from the House of Lords which could pave the way for people affected by asbestos, but who are not suffering any health problems, to claim compensation.
Asbestos was widely used up to the 1970s in industries as diverse as construction, engineering and ship building. The extensive use of the material was due to characteristics such as non-flammability and low heat conduction. Those properties led to it being used in products such as brake linings and applications such as building insulation.
Unfortunately, asbestos also proved to be extremely dangerous and when its fibres escaped into the atmosphere they were often inhaled by employees. In some cases those employees went on to develop serious conditions such as mesothelioma and lung cancer.
Over a number of years claims have been brought by many people who have been exposed to asbestos and who have gone on to develop health problems but the issue now being considered by the court relates to one very specific asbestos related condition – pleural plaques.
Pleural plaques are a scarring of the outer lining of the lung caused by exposure to asbestos. The asbestos fibres penetrate the lung and after a number of years there is a thickening of the tissues. In the vast majority of cases the pleural plaques do not cause any symptoms and are only discovered when someone has an x-ray for some other complaint. Despite the lack of symptoms the people affected are naturally anxious when told that they have an asbestos related condition and there is then always the fear of developing some other, more serious, asbestos related disease.
In 2005 the High Court confirmed that, despite the lack of symptoms, pleural plaques were an injury warranting compensation and awards of up to £15,000.00 were typical.
However in 2006 the Court of Appeal reversed the position and people with pleural plaques were no longer entitled to claim compensation.
Between the 25th June and 2nd July this year the House of Lords heard an appeal against the Court of Appeal decision and the Lords’ judgment was handed down on the 17th October. In essence the Lords upheld the Court of Appeal decision and decided that the development of pleural plaques did not amount to an injury for which compensation could be claimed.
Bearing in mind the widespread use of asbestos in the past it seems likely that a large number of employees would have had exposure to the material and could potentially have developed pleural plaques. The Lords’ decision will have major implications for those people and, according to one estimate, up to 100,000 potential claims will now be prevented.
For more information, please contact Adam Brain.
First published in NewsBrief in October 2007
