Legal claims for pleural plaques

Pleural plaques are thickenings of the lining of the lung. They are caused by inhalation of asbestos fibres, most commonly in an occupational setting. Pleural plaques are benign and do not themselves lead to other asbestos-related diseases. However discovery of the plaques often results in much stress and anxiety given that they are evidence of the presence of asbestos fibres which may subsequently cause mesothelioma or asbestosis.

The occurrence of pleural plaques is no longer a compensatable condition in England and Wales. Previously those with plaques could claim damages for the condition and the anxiety caused by its discovery. However in 2007 the Appellate Committee of the House of Lords (now the Supreme Court) ruled that there is no cause of action under which damages may be claimed for pleural plaques. As the plaques cause no symptoms there is no damage – an essential element in any claim in negligence.

Whilst the Scottish Government and Northern Ireland Executive legislated to ensure those in their jurisdictions with pleural plaques are not affected by the judgment, successive Governments in Westminster have declined to legislate to change the law in England and Wales. The Government has acknowledged an ‘apparent unfairness’ caused by the differing approaches in the UK’s different jurisdictions but confirmed that it will not change the law for those with pleural plaques in England and Wales.