Mesothelioma Legal Issues in the United Kingdom

Asbestos-related legal issues in the United Kingdom have been a bone of contention with many mesothelioma sufferers. At times, it seemed as if victims of the disease had little hope for receiving any sort of compensation for their suffering, but within the last year or so, important legislation has been passed that may positively assist those who have filed suits against companies that caused their exposure.

Insurance Issues

Often, legal issues surrounding mesothelioma cases in the United Kingdom have to do with insurance claims and which insurer pays the claim. It has been generally accepted that the liability insurer contracted by the employer at the time when exposure took place will pay the claim. If exposure spans a number of employers, the claim is pro-rated according to length of employment at each.

However, because the medical community generally accepts the fact that malignant changes in mesothelioma occur about 10 years before symptoms surface, it has been argued that the insurer on risk ten years before the symptoms appear should pay the damages and not the insurer on risk when the exposure occurred. A landmark case tried in 2008, Bolton Metropolitan Borough Council vs. Municipal Mutual Insurance Limited and Commercial Union Assurance Company Limited, set a precedent in regards to this issue, with the court accepting the fact that until the malignant changes start no injury has occurred.

Smoking and Asbestos

In another case tried in the United Kingdom in 2008, the court found in favor of an ex-smoker who was at risk for contracting lung cancer. Solicitors successfully argued that because "negligent asbestos exposure" had "materially increased that risk" of developing cancer, the defendants in the case were liable for paying damages (Shortell vs. BICAL Construction Ltd.). However, the amount of the award paid to Shortell was decreased from the original amount awarded because the plaintiff contributed to the risk by continuing to smoke, even though he knew it could hasten the development of lung cancer or mesothelioma.

Pleural Plaques

An ongoing battle between insurers and the Scottish government over compensation for pleural plaques continues. Individuals who develop pleural plaques, a thickening of the lungs due to asbestos exposure, have historically not been compensated for suffering and/or loss of income due to their condition. However, Scottish MPs announced their intention to legislate to reinstate compensation last November (2007) and the insurance industry is currently fighting back. Passage of the Damages Bill would overturn last year's House of Lords decision, which ruled that, because pleural plaques are asymptomatic, there is "no actionable personal injury." A decision may come as early as the beginning of 2009.