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Lawyers circle as pleural plaques fund is discussed

Published 18/07/2008

Claimant lawyers are already calling for people diagnosed with pleural plaques to register personal details on a website following the publication of a government consultation document into the condition.

The Ministry of Justice published the document last Wednesday calling for responses to several suggestions. These include overturning the House of Lords’ decision of October 2007 that found pleural plaques – asymptomatic scarring of the lungs indicating asbestos exposure – to be non-compensatable; and improving public understanding of pleural plaques.

It also proposed two compensation schemes: one that would pay out to claimants retrospectively and a second that would also meet future claims.

However, the MoJ distanced itself from overturning the Lords’ ruling stating “it is not minded” to follow this course of action. Such schemes are also believed to be unpopular with the Treasury due to the expense involved as well as with insurers – who have been mooted as a scheme’s possible backers.

But Failsworth-based WE Solicitors’ website claims the government is “looking into overturning the House of Lords’ decision not to compensate sufferers of pleural plaques” and that “a scheme is the most likely the approach (sic) that is going to be taken.”

John Green, a solicitor for industrial diseases at WE Solicitors, denied his firm’s website gave people with pleural plaques false hope of a claim, and said the firm’s intention was to invite them to be part of the consultation. He told Post: “It is obvious the government is not going to overturn the House of Lords’ decision given the impact it would have on the insurance industry.

“But a scheme would save the insurance industry a considerable amount of money while giving people the compensation they are entitled to.”

Denise Kitchener, chief executive officer of the Association of Personal Injury Lawyers, said the consultation showed the government was waking up to the importance of the pleural plaques issue, adding: “While the Lords’ decision was a financial victory for the insurance industry, it was at the expense of all those victims who had faith in our justice system”.

Steve Thomas, UK technical claims manager at Zurich, said he was pleased with the tone of the consultation paper, adding: “A lot of the emotive rhetoric has been dropped. There seems to be no real appetite to overturn the House of Lords’ ruling. I half expected the concept of a fund to be put forward, which could be funded by government or by insurance companies but I’m struggling to understand how the government could get insurers to contribute.”

Henry Bermingham, president of the Forum of Insurance Lawyers, warned the government “should not be interfering with the judiciary except as an absolute last resort”. He added: “We have a government that’s prepared to overturn a House of Lords decision if it decides it disagrees with it. This is a new feature and represents a change in the constitution.”

Nick Starling, director of general insurance and health at the Association of British Insurers, concluded: “The way forward must be through education to allay the concerns of people with pleural plaques.”

This article has been reprinted with permission of the Claims Standards Council

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