The Damages (Asbestos-related Conditions) Scotland Bill, passed on 11th March, overturns the House of Lords decision of October 2007 commonly referred to as the Rothwell Case.  It is expected to receive the Royal Assent shortly.

For Scottish claimants, section 1 of the Bill says that "Asbestos-related pleural plaques are a personal injury which is not negligible" and "accordingly, they constitute actionable harm for the purposes of an action of damages for personal injuries".   Section 2 states that for the avoidance of doubt, asbestos-related pleural thickening and asbestosis which have not caused impairment of a person's physical condition are personal injuries that are not negligible and constitute actionable harm.

It is reported in the legal press that some insurers are taking legal advice with a view to mounting a judicial review.

Meanwhile, in England a Bill with a similar aim has been sponsored by Andrew Dismore and it remains to be seen whether the government will give its support to that Bill. The full text was published on 21st April and can be found here.