The House of Lords have finally made a ruling in the long running issue of whether pleural plaques is a condition which should be subject to compensation. Pleural plaques are a thickening of the membranes surrounding the lungs and believed to be caused by exposure to asbestos fibres. Although they are a recognisable medical condition they do not in themselves cause the carrier to suffer any ill effects but are a 'pointer' to the presence of asbestos fibres which themselves can cause fatal diseases such as mesothelioma. The diagnosis of pleural plaques does however often result in the patient suffering anxiety or even clinical depression due to the knowledge that they have been exposed to asbestos fibres.

The House of Lords ruled that pleural plaques is not a compensationable injury or condition and consequently, any loss flowing from the condition is not subject to compensation. Anxiety or depression are not considered to be 'damage' in their own right. They must be attached to a condition which can itself be awarded damages and so an essential element of a personal injury claim, namely proof of damage, was found not to be present. The House of Lords further went on to rule that the risk of future disease could also not be subject to compensation.

The ruling brings to an end a long running battle between solicitors and insurers. Insurers are calling it a victory for common sense and believe that it will save the industry over £1.4 Billion.

Click here to read the House of Lords ruling in full.