Insurers Lose Their Challenge to Scotland’s Statute Reinstating Damages for Non-Malignant Cond

Pleural plaques are back in the news in the UK due to an important new opinion. As covered in several prior posts (some are here, here and here), Scotland reacted to the Rothwell decision by passing a statute to reinstate damages for non-malignant conditions, such as pleural plaques. Various insurers challenged the law. The insurers now have lost their appeal to the Supreme Court. A BBC article is here, and the opinion is here.

My personal view is that paying non-malignant conditions is poor social policy because it diverts finite resources – money, medical attention, science, and legal attention – away from persons suffering from malignant conditions. Go here for a detailed outline I submitted to the English government when it held a consultation after Rothwell. In short, I urged the government to reject paying plaques claims, and to fund more scientific research on cancer. Ultimately, the English government took those steps as it increased scientific funding and chose not to overturn Rothwell, as covered here and here.

Go here for links to a wider article on plaques claiming across Europe.



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About Kirk

Since becoming a lawyer in 1983, Kirk’s over 30 years of practice have focused on advising a wide range of corporations, associations, and individuals (as both plaintiffs and defendants) on both tort and commercial law issues centered around “mass torts.”


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