LAWYERS ACTING for a group of asbestos-related illness sufferers in Scotland are considering petitioning the Scottish Parliament to introduce separate legislation north of the border, writes Ian Findlay, industrial reporter.

The employees include those from the former Robb Caledon shipyard in Dundee and Rosyth dockyard.

The possible move is aimed at giving entitlement to compensation to Scots workers injured by asbestos and accepted as such for the last 20 years, irrespective of what judges in England and Wales may think.

The news of the action being considered for Holyrood emerged yesterday as the trade union Amicus and its lawyers acting for asbestos claimants in Scotland condemned a judgment given by the Court of Appeal of England and Wales in a test case concerning whether compensation should continue to be paid for an asbestos-related condition known as pleural plaques.

The appeal was brought by the insurance firm Norwich Union following a judgment of the High Court last year, when it was decided that claimants with pleural plaques should continue to receive compensation.

The Court of Appeal has overturned that decision of the High Court, meaning that English and Welsh claimants diagnosed with pleural plaques can no longer claim compensation. The Court of Appeal ruling, although not binding, is seen as being persuasive in a Scottish court.

Amicus is concerned that this could mean hundreds of former Scots shipyard workers would be deprived of a right to compensation.

Frank Maguire, of injury specialist Thompsons Solicitors which acts for over 600 sufferers of pleural plaques living in Scotland, said the decision was “astonishing.”

“Anyone with pleural plaques knows their lungs have been scarred by asbestos. In many cases it is the first indication of more serious illnesses such as asbestosis and mesothelioma. For a court to say that anyone with pleural plaques should not receive compensation flies in the face of natural justice.”

The decision of the Court of Appeal was decided by a majority verdict and, unless overturned on appeal to the House of Lords, will bring to an end in England and Wales an established right to compensation, which has existed for 20 years, for pleural plaques.

If the outcome stands, it will result in a substantial windfall saving to the insurance industry.

Amicus general secretary Derek Simpson said the Court of Appeal judgment is “dreadful” and harms many of the union’s members who have been exposed in their working lives to asbestos.

“We believe that people with pleural plaques should be compensated and we will fight on,” he said.

Amicus and its legal teams have settled about a dozen cases of pleural plaques from Dundee and two more were settled last week. However, there are still about another six still waiting to go court.

There are also a number of outstanding cases from the Henry Robb yard at Leith, Hall Russell in Aberdeen and Rosyth dockyard and many other yards in the west.

As far as the Court of Appeal in England and Wales judgment is concerned, it was announced yesterday that Thompsons Solicitors, acting on behalf of Amicus, has been granted leave to appeal to the House of Lords against the decision from the Court of Appeal that means pleural plaques is no longer recognised as an illness to be compensated.