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Scottish asbestos law review begins

A bid by British insurers to overturn a new Scottish asbestos compensation law gathered pace last week when a judicial review convened in Edinburgh.

Insurers Aviva, Axa, RSA and Zurich launched the review after the Scottish Parliament passed the Damages (Asbestos-related Conditions) (Scotland) Act in March.

The legislation allows Scottish workers to sue for asbestos exposure if they contract scars on the lung known as pleural plaques, a symptom of asbestos exposure that is generally harmless and not typically linked to the fatal disease mesothelioma.

The insurers oppose the new law on the basis that it would overturn a fundamental legal principle that compensation is payable only where physical harm is suffered through negligent exposure.

A 2007 House of Lords ruling prevents the compensation of pleural plaques throughout the rest of the UK.

Insurers have warned the Scottish law will lead to a flood of new claims and a hike in the cost of premiums. The judicial review is expected to conclude on June 12.