Friday 8 January 2010

MSP WELCOMES COURT'S REJECTION OF INSURANCE COMPANIES ATTEMPTS TO BLOCK ASBESTOSIS COMPENSATION



MSP WELCOMES COURT'S REJECTION OF INSURANCE COMPANIES ATTEMPTS TO BLOCK ASBESTOSIS COMPENSATION

West of Scotland SNP MSP and supporter of Clydeside Action on Asbestos Stuart McMillan has welcomed the news that the Court of Session has rejected attempts by insurance firms to overturn a new law which allows victims of an asbestos-related condition to claim damages.

Some of the biggest insurance companies contested the new law which gives the victims the right to seek damages. A move condemned by Mr McMillan when the insurance companies sought a judicial review over the Scottish Parliament's decision to support the Damages (Asbestos-related conditions) (Scotland) Act.

The Act ensures that an earlier House of Lords decision which could have prevented sufferers claiming compensation is not applicable in Scotland. Mr McMillan was active in the campaign and instrumental in securing a member's debate which led to the Act being passed.

Commenting Mr McMillan said:

"I am pleased to hear the news that the Court of Session has rejected this move by the insurance companies. This is great news for those sufferers of asbestos related conditions who will be able to represent themselves in their battle to obtain justice.

"It's important that all sufferers of asbestos related conditions have their voices heard and they receive the compensation they deserve. Those who have pleural plaques are innocent victims of the damaging impact of asbestos and should not be punished for it.

"The Scottish Parliament took the democratic decision to pass this legislation and to ensure sufferers have access to compensation. In Scotland we have the legislation to ensure those who should be compensated for their injuries receive that compensation – not to deprive people of legitimate compensation as the insurance companies were attempting."

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