Pleural Plaques in Scotland - Insurers fail in judicial review but appeal

On 8 January 2010 a petition for judicial review of the Scottish act which allows claims for pleural plaques was dismissed by the Court of Session reports Michael Osborne, senior solicitor at Moore Blatch Resolve LLP.
 
The review arose from the Damages (Asbestos-related conditions) (Scotland) Act of June 2009 (the 2009 Act) which overturned a ruling made by the House of Lords in October 2007 which barred claims for pleural plaques.

The case was brought by insurance companies (Axa, Norwich Union, Royal & Sun Alliance and Zurich).   They argued that the 2009 Act broke the provisions of the European Convention on Human Rights concerning property rights and unreasonable legal interference, that it would benefit a small group of people who had suffered no legal harm and that it would cost insurers hundreds of millions of pounds or more.

The judge, Lord Emslie, accepted the insurers’ right to seek judicial review but went on to reject their petition.  He said: “I am unable to accept that the petitioners’ complaints, either individually or collectively, come anywhere near the standard of “irrationality” which would be necessary in order to invalidate a primary Act of the Scottish Parliament.  [Their]challenge to the 2009 Act is therefore rejected.”

The judgment is not the last word on the matter, however.  The insurance companies have lodged an appeal with the Inner House in Edinburgh.  We will keep you up to date with developments concerning the appeal on our website.