The House of Lords has dismissed an appeal in a test case Rothwell v Chemical and Insulation Co Ltd that compensation should be paid to victims who have developed pleural plaques i.e. scarring of the lungs, an asbestos related disease.

The decision brings to an end an established right to compensation which has existed for over 20 years.

This compensation had been available for sufferers of pleural plaques caused by workers being exposed to asbestos due to the negligence of their employers.

Geraldine Kerrison, head of the Industrial Disease Department notes:

"The outcome has resulted in a substantial windfall for the insurance industry and left local victims with no form of recompense.

This is despite medical experts recognising that pleural plaques are a sign of irreversible damage to the lungs caused by a history of exposure to asbestos which carries with them an increased risk of malignant disease such as lung cancer or mesothelioma."

For more information please contact Geraldine Kerrison