A Court of Appeal judgment has reversed the previous ruling of the courts that ordered the payment of compensation for the anxiety caused as a result of pleural plaques.
The Appeal Court made the point that “pleural plaques are symptomless, have no adverse effect on any bodily function and being internal, have no effect on appearance. In short no one is any the worse physically for having pleural plaques.”
Dominic Clayden, Norwich Union's technical claims director said; “We welcome the judgment and believe it to be a pragmatic result on the issue of compensation being awarded for an asymptomatic condition.
"The issue of compensating claimants with serious asbestos-related conditions or who suffer from impairment as a result of exposure to asbestos has never been in question and they will continue to receive compensation.”
The judgment handed down in the Court of Appeal today also said:
- Bringing legal proceedings is stressful. It will result in the claimant's attention being drawn to all the possible consequences of exposure to asbestos however remote and may well create or increase the anxiety for which compensation will be claimed.
- There is a danger that those, such as claims managers, who make a business out of litigation, will encourage workers who have been exposed to asbestos to have CT scans in order to see whether they have pleural plaques for the sole purpose of bringing claims for compensation. Such a practice will tend to create stress and anxiety where none exists.
- Some claimants will be tempted to claim a final reward, thereby, in effect, gambling, to the possible prejudice of themselves and their families, that they will not contract an asbestos-related disease.
- The costs of litigation in cases tend to be disproportionate to the damages recoverable.
