The UK Supreme Court dismissed a challenge to Scottish legislation, ensuring that people in Scotland diagnosed with pleural plaques can claim compensation.

It had been the case that since the 1980s, those diagnosed with pleural plaques as a result of negligent asbestos exposure could claim compensation.

However, on 17 October 2007 following a long legal battle, the House of Lords upheld a Court of Appeal decision that compensation for pleural plaques should no longer be paid.

Since that time there was much campaigning for the Government to step in, but the UK government was unwilling to overturn the decision, although it did open a limited compensation scheme for anyone who had started a claim prior to October 2007. That scheme has now closed.

The Scottish Parliament took a different stance and passed The Damages (Asbestos-related Conditions (Scotland)) Act on 17 April 2009, making compensation available for sufferers of pleural plaques in Scotland.

However, a number of insurers challenged the Act, but after a 22 day hearing the Court of Session confirmed the challenge did not meet the standard required to invalidate the Act of the Scottish Parliament.

The insurers then took their appeal to the UK Supreme Court, which also dismissed the case.  This is good news for those in Scotland diagnosed with pleural plaques and can now obtain compensation.

Although having pleural plaques doesn't cause a person to have symptoms, it's evidence that they've been exposed to asbestos. As a result of that exposure they'll be at risk of developing a more serious asbestos related illness such as mesothelioma, lung cancer, asbestosis or pleural thickening.

Understandably, this causes people who have been diagnosed with pleural plaques a great deal of anxiety and distress.

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