THE DAMAGES (ASBESTOS-RELATED CONDITIONS) BILL - AN UPDATE
UPDATE: 15/10/2011 - Supreme Court backs Scottish asbestos compensation law
The UK Supreme Court has backed the right of people in Scotland to claim damages for the asbestos-related condition pleural plaques - bbc.co.uk
One of our Partners, Mr Martin Hanna, said:-
“The UK Supreme Court has said “…the Court should respect the judgment of the elected body [the Scottish Parliament] as to what is in the public interest unless that judgment is manifestly without reasonable foundation.” This is a truly momentous day indeed for asbestos victims in Scotland and for the Scottish Parliament. Like in Scotland, the Northern Ireland Assembly passed The Damages (Asbestos-related Conditions) Bill. This Bill also seeks to re-establish the right for Northern Ireland victims of asbestos related pleural plaques to pursue compensation claims. The Northern Ireland Bill has been put on hold pending the outcome of the UK Supreme Court decision. Today’s ruling by the Supreme Court should now pave the way for victims of pleural plaques in both Scotland and Northern Ireland to be properly and adequately compensated for this terrible condition. Hopefully a Commencement Order enabling the legislation to become law will be enacted quickly in both Scotland and Northern Ireland to enable cases, which have been put on hold for far too long, to be finally determined. Francis Hanna & Company will do everything we can on behalf of victims of all asbestos conditions to ensure they are properly compensated and we will continue to lobby the Minister and The Northern Ireland Assembly about when this legislation will finally become law.”
UPDATE: 03/06/2011 - Northern Ireland asbestos Bill withdrawn from the Supreme Court
The Northern Ireland Damages (Asbestos-Related Conditions) Bill, which was due in the UK Supreme Court this month, has been withdrawn by the Attorney General for Northern Ireland.
The Bill had been referred to determine whether some of its elements are within the decision-making powers of the Northern Ireland Assembly.
An appeal of the Scottish version of the Bill has been lodged, so the Attorney General has decided to wait for the verdict before pursuing issues with the Northern Ireland Bill in the Supreme Court.
He said: "I have always been of the view that if the Scottish litigation before the Supreme Court was able to provide a definitive answer to the retrospective provisions classifying pleural plaques as actionable damage then there was no need for separate Northern Ireland proceedings.
"As there is a considerable overlap between the issues in the Northern Ireland reference and the Scottish appeal, I have reflected on whether in the light of the early listing of the Scottish appeal I ought to continue."
Legislation for asbestos-related conditions a step closer
Sufferers of some asbestos-related conditions are a step closer to accessing compensation following a debate in the Assembly on Tuesday, 18 January 2011.
Finance Minister Sammy Wilson believes the proposed legislation is vital in providing assistance to those who have suffered wrong.
The Damages (Asbestos-related Conditions) Bill aims to deal with certain asbestos-related conditions namely pleural plaques, pleural thickening and asbestosis. Pleural plaques are non-malignant areas of fibrosis found within the pleura of the lung. Pleural thickening is a non-malignant disease in which the lining of the pleura becomes scarred and can lead to breathlessness. Asbestosis is a non-malignant scarring of the lung tissue which leads to inadequate oxygen intake to the blood.
During the 2nd Stage of the Bill Sammy Wilson told the Assembly that bringing forward the legislation was the right thing to do. The Minister said: “I believe this Bill seeks to support a fundamental principle of our justice system, namely access to justice for those who have suffered wrong.
“There was a time when asbestos was regarded as a miracle mineral, however with time it was discovered that asbestos could cause a number of different conditions some of which are fatal. Having consulted on this proposed legislation I believe that Northern Ireland should follow Scotland and restore pleural plaques as an actionable condition.
“This Bill is vitally important and aims to ensure the continued availability of a method of redress for ordinary working men and women.”
The Department of Finance and Personnel carried out a public consultation following a House of Lords decision in October 2007 that pleural plaques did not constitute actionable or compensatable damage for the purpose of the law of negligence.
Following the consultation the Finance Minister concluded that the reinstatement of the right to claim compensation in negligence is just and fair and will ensure that people in Northern Ireland have the same rights and protections as people in Scotland.
One of our partners Martin Hanna who gave evidence to the Department of Finance and Personnel committee in relation to the proposed bill said:-
“The passing of this piece of legislation will be an extremely important development for so many men and women who went to work all those years ago and were exposed to this deadly asbestos dust and are now, in their twilight years, finding out that they have an asbestos related condition. The insurance industry has invested millions of pounds trying to overturn 30 years of established legal practice that pleural plaques ought not to be compensatable. They were successful with the decision of the House of Lords in Johnston v NEI International Combustion Ltd. The effect of that decision was to deprive innocent victims of pleural plaques the right to any compensation. The Damages (Asbestos-related Conditions) Bill, if it becomes law, will restore to Northern Ireland the right to claim due compensation for pleural plaques. The judiciary in Northern Ireland have for decades accepted that pleural plaques is a compensatble condition. They made awards not just for the physical plaques on a victim’s lung but also the anxiety that having such a condition brings and also the risk of it progressing into something more serious. I do sincerely hope that this Bill will be passed and therefore restore the rights of victims to the compensation they deserve. If the Bill is passed it will not only be a very good day for asbestos victims throughout Northern Ireland, it will also be an extremely important day for the Northern Ireland Assembly as it will highlight the ability of our local politicians to introduce legislation overturning the injustice of a decision made in England by the House of Lords for the betterment of Northern Irish citizens.“