Scottish Pleural Plaque Asbestos Compensation Claims Given Go Ahead [13th Oct 2011]
The Supreme Court has thrown out a challenge by the insurance industry regarding whether they would be required to pay compensation to victims of asbestos poisoning. The news means that more than 1,000 people who have suffered with lung damage due to asbestos can take their claims to court. The ruling applies to cases brought in Scotland where insurance companies have been fighting a Scottish law which states that pleural plaque patients are entitled to compensation. The insurance industry has argued that pleural plaques are not an actual disease and are just a precursor and therefore do not come under the damages act. This notion has now been thrown out by the courts in Scotland. The family of a man who died of asbestos related cancer have received £48,000 in compensation after he was exposed to the dangerous material while working at the Scunthorpe metal works when it was run by British Steel. Reg Grimshaw died last year aged 88. The current owners of the steel works, Tata, say that he received the exposure many years ago. They say they have a process in place to investigate historic cases of exposure and all claims are handled on an individual basis. The insurers of Tata have dealt with this case and will pay the compensation. An ex-England cricketer has launched a £1 million lawsuit over a house he bought with his now deceased partner. Geoffrey Boycott is claiming that he did not get a fair deal from the law and that he didn't understand proceedings when he bought a house with his partner Ann Wyatt. She lived there on her own and the ownership was originally described as "joint". He had thought he would receive her half of the house upon her death, but hadn't known she could change the ownership to a tenancy in common so she could leave her half to a relative. This meant he was forced to give part of the house to her niece. He says he wouldn't have gone ahead with the purchase if he had known this was possible. Lawyers are saying that Boycott has left it too late to sue them. The case is expected to last two days. Jack Straw has claimed that the fees paid to lawyers involved in the administration of motoring insurance personal injury cases should be lowered in order to control the amount of money being spent on compensation claims. This is causing rises in the costs of insurance. Straw has said that there are unnecessary costs, sometimes amounting to £1200 per case in administration fees alone. He points out that in Germany lawyers working on similar cases receive just 300 Euros. Straw suggests that the fees paid in the UK should be dropped to £600 and that this would stop claims going ahead which were spurious. With more than 10 million Blackberry users losing the use of their phones over a three day period this week, there are calls coming for customers that they should be entitled to compensation. Those users who now have a functioning phone are making calls to the company or are posting to Twitter to ask for compensation, however RIM, the company behind the phone have made no comment on what they may or may not offer. RIM management have agreed that they let their customers down and did not provide the service expected of them. They say they now know what caused the problem and they are working to restore service as quickly as they can. It is thought that this failure and the lack of forthcoming compensation may be enough to force users to switch to other services such as Apple or Android phones. |
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