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13/10/2011

Supreme Court Defeat 'Must Lead To Winning Asbestos Justice'

Construction union UCATT have warmly welcomed the decision by the Supreme Court to reject a case brought by the insurance industry to block an Act of the Scottish Parliament, which restores compensation for asbestos victims.

In 2009 the Scottish Parliament passed the Damages Act, which restored compensation to victims of pleural plaques, a scarring of the lungs caused by prolonged exposure to asbestos. The Damages Act overturned a decision of the Law Lords in 2007, that pleural plaques victims should no longer be compensated.

George Guy, Acting General Secretary of UCATT, said: "This is excellent news as its shows that despite their huge financial resources the insurance industry do not have a free hand in the courts. It also underlines just how outrageous their actions have been as for over two years they have deliberately blocked pleural plaques victims in Scotland from receiving compensation."
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Although the decision is good news for Scottish pleural plaques victims it will create a postcode lottery, as victims in England and Wales will not receive compensation as the Government has refused to restore compensation. The Executive in Northern Ireland are also committed to restoring compensation to pleural plaques victims.

Mr Guy, added: "This needs to be the first step in winning justice for all asbestos victims regardless of where they live. Every year thousands of people discover that their health has been damaged by asbestos and many sadly die. These deaths and injuries were entirely preventable; companies knew that asbestos was lethal. Everyone whose health has been damaged by asbestos must receive compensation."

Harry Frew, Regional Secretary for UCATT Scotland, said: "This is an important decision as it will help to ensure justice for pleural plaques victims in Scotland."

(CD/BMcC)

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