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Plaques Discussion Ahead in the House of Commons

Posted in EU Developments, Pleural Plaques

Back to Europe for the day. The House of Commons is anticipating discussions on pleural plaques vis a vis the apparent path of Scotland affirmatively acting to permit plaques claiming via legislation, but England and Wales not allowing compensation and other European countries taking divergent various views.  The following remarks are from January 28, and are courtesy of They Work for You. … Continue Reading

Published Reports – UK Government Seeking a Deal With Unions on Pleural Plaques

Posted in EU Developments, Insurance Coverage for Tort Claims, Insurance Insolvencies, Pleural Plaques

This article from a British newspaper reports that the UK government is trying to cut a deal with unions 1) to pay for more scientific research on cancer, and 2) require more compensation from insurers for asbestos victims, but without reinstating pleural plaques claiming. Apparently remaining insurers would be required to pay bills left behind by… Continue Reading

Scottish Trial Court Upholds Legislation Reinstating Pleural Plaques Claiming for Scotland (Statute Also Applies to Asbestosis and Pleural Thickening)

Posted in EU Developments, Pleural Plaques, Policy Issues, Propensity to Claim

A hat tip to Business Insurance for an email alert on Friday advising that a Scottish trial court had just issued an opinion rejecting insurer challenges to Scottish legislation reinstating claiming for pleural plaques. The article is here; it mainly says the insurers are not happy and may appeal. The opinion is online here at… Continue Reading

UK Government Still Pondering Whether to Reinstate Claiming for Pleural Plaques

Posted in Pleural Plaques

The UK government continues to ponder a consultation posing questions including whether to reinstate tort claiming for pleural plaques and/or whether the government should make payments to all persons with plaques. The latest pronouncement from the UK government was made yesterday (12/15/09) and is here. The statement does not commit to a decision date. The… Continue Reading

UPDATE on the UPDATE: Pleural Plaques in the UK – The Dance Goes On

Posted in EU Developments, Pleural Plaques

Update on the Update: Through the written question and answer process, the UK government issued an October 21 acknowledgment here that it does not have a date in mind to announce a decision on pleural plaques, but the response will be made “as soon as possible.” “Julia Goldsworthy (Falmouth & Camborne, Liberal Democrat) To ask… Continue Reading

Asbestos – UK – Update on Various Topics

Posted in Asbestos Bankruptcy, Asbestos litigation, Pleural Plaques

I’m headed to London this weekend to chair an asbestos litigation conference starting On Tuesday the 29th, so this seems a good time for an update on new speakers added to the conference roster and on some UK developments regarding asbestos litigation. Conference Update: Two additional conference speakers have been added. One speaker will address… Continue Reading

Asbestos – London Delays (Again) On Providing a Formal Position on Pleural Plaques Compensation But Offers Some Hints as to What’s Ahead

Posted in EU Developments, Pleural Plaques

Contrary to prior statements, Lord Chancellor Jack Straw of the Ministry of Justice said yesterday in Parliament that the government’s formal follow up on the pleural plaques consultation will be provided “after” the summer recess. He indicated the response will include steps aimed at improving tracking of records that will assist plaintiffs, which are records… Continue Reading

Asbestos Claiming – British Government Apparently Takes a Wise Decision Not to Reinstate Compensation for Pleural Plaques

Posted in EU Developments, Pleural Plaques

A July 10 article in the Mirror reports (bitterly) that the British government has taken a decision not to reinstate compensation for pleural plaques. The decision follows up on last summer’s government Consultation paper available here. The decision apparently will be formally announced this coming week ahead of the July 20 recess date for Parliament.… Continue Reading

UK Advisory Panel Advises Against Treating Pleural Plaques as a Compensable Industrial Disease

Posted in EU Developments, Pleural Plaques

After an updated review, the UK’s Industrial Injuries Advisory Council (IIAC) has issued a June 30, 2009 paper announcing that it continues to recommend against paying compensation for pleural plaques because plaques are not actually disabling. The IIAC announced online last fall that it was considering the topic and invited comments. The panel concluded that… Continue Reading

London Delays Its Decision on Pleural Plaques Legislation

Posted in Asbestos litigation, EU Developments, Global Tort Litigation, Pleural Plaques, Propensity to Claim

This May 12, 2009 post updates a post of Wednesday, April 22, 2009 regarding pleural plaques and asbestos issues in the UK. The UK press is now reporting that the UK government has now publicly stated that it will not make its decision on pleural plaques legislation until some time prior to Parliament’s summer recess.… Continue Reading

Scottish Judge Declines to Stay Plaques Legislation and Provides Preliminary Comments on the Merits

Posted in Constitutional Law/Mass Tort Law, Pleural Plaques, Policy Issues

Here is the link to the full text of the first ruling in the insurer’s lawsuit seeking a declaration to invalidate to the Scottish pleural plaques legislation. In the opinion, the trial judge (Lord Glennie) exercised his discretion not to grant the insurer’s motion to stop the legislation from taking effect. In reaching that decision,… Continue Reading