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The Damages (Asbestos-related conditions) (Scotland) Act has been challenged by a group of insurers- Aviva, AXA Insurance, RSA and Zurich- who together control over 50 percent of the employers’ liability insurance market. The legislation was enacted to overturn the 2007 decision of the House of Lords in Rothwell v Chemical and Insulating Co. Ltd. in which it was held that pleural plaques is not actionable damage.

The group contends that the Act ignores the fact that plaques do not lead to any asbestos related conditions and are symptomless as medical evidence shows. They also claim that it ignores the legal maxim that compensation is payable only when physical damage has been suffered.

The insurers further argue that the law failed to see the impact it can have on the financial condition of the Scottish firms and taxpayers. They also insist that the law could lead to a significant increase in insurance costs, and damage the economy as more and more people can claim compensation without having any symptoms. The Director of General Insurance and Health at ABI, Nick Starling commented that they support the judicial review of the Act only because it is not properly thought out and ignores both medical evidence and existing legal practices applicable to cases of negligence.

He said that the insurers accept the obligation to pay compensation to those who face health hazards, but they are not ready to pay compensation to someone who does not suffer from any symptoms and is seeking aid merely on grounds of being exposed to the risk.

Employers need to keep themselves up to date with health and safety developments to avoid potential legal action from employers by taking a health and safety courses such as the nebosh general certificate from Workplace Law Training.