I punched a red plasticine fist in the air from the back row of the Court of Session on Tuesday when it was announced that we have won another milestone battle against AXA Insurance & Others in relation to Pleural Plaques.
Pleural plaques is a medical condition developed in the lung due to exposure to asbestos. For years now insurance companies, seeking to protect their funds, have been trying to argue that sufferers of plaques are not entitled to compensation. The position in Scotland has always been that they are and this has been confirmed by way of legislation passed by the Scottish Government.
However the insurance companies say that the position should be the same as in England where, remarkably, someone can have the physiological make-up of their lungs altered by exposure to asbestos and be legally denied the right to claim compensation as a result.
The Court of Session, for the 2nd time in as many years, has kicked out this challenge by the insurance industry and ruled in favour of Thompsons and the victims we represent.
You might think that, after all that time and all that money fighting to save their coffers the insurance companies might realise that they are well and truly beaten in law and now is the time to pay up. Unfortunately not so as they have signalled their intent to launch one final appeal to the Supreme Court in London.
The further appeal further extends the suffering, anxiety and uncertainty for plaques sufferers.
We will fight them all the way.
