Although following the decision of the House of Lords (Johnson v NEI International Combustion Limited), on 17th October 2007, the law still stands that Pleural Plaques do not constitute an actionable or compensatible damage, those suffering from pleural plaques may now be eligible to apply for a one off payment of £5,000.00. Applications can be made under the Pleural Plaques Former Claimant’s Payment Scheme. The claim will apply in England and Wales and there is a final cut off date for all applications of 1st August 2011.

Pleural Plaques are small, localised areas of fibrosis. They are caused by exposure to asbestos fibres and are located within the pleura of the lungs.

Before the House of Lords decision on 17th October 2007, the Courts had previously found that pleural plaques themselves constituted damage and attracted awards of compensation.

Unfortunately, although the law now differs in Scotland, the English Government have not considered it appropriate that the decision of the Law Lords should be over turned. This decision has been based on a review which included reports from the Chief Medical Officer for England and Wales and the Industrial Injuries Advisory Council.

However, in recognition of what is felt to be the unique circumstances of those who had already started a claim for Pleural Plaques which had not been resolved before the Law Lords ruling the Government has decided to introduce the Former Claimant Payment Scheme, to make one off payments of £5,000 to people who fall in this category.

Full details of the Scheme can be found on the Ministry Justice website – www.justice.gov.uk

To be eligible to qualify for a payment under the scheme you must have been diagnosed with pleural plaques as a result of exposure to asbestos and its dust and have tried to claim damages for the condition before 17th October 2007.

In addition to the above:-

i. as part of your pleural plaque claim, you must have

a) issued a claim or
b) sent a letter of claim before 17th October 2007 (this letter, in line with the pre-action protocol for disease and illness) or

ii. Before 17th October 2007 you must have named a Defendant or Insurer in which to make a claim against, approached a legal or trade union representative about the claim and received confirmation that your case was going to be taken on.

You must also:-

• Never have received any interim payments from your claim of £,5000 or more;
• Not have resolved your case

You can check your eligibility to apply under the scheme by calling the Ministry Justice helpline 0300 3038 150.

To apply for a payment under the Pleural Plaques Former Claimants Payment Scheme you can telephone the Ministry of Justice on 0300 3038 150 or apply using the online application form.

The scheme requires that you provide copies of additional documents within 30 days of making an application. The documents are required to support your claim as your claim maybe rejected. You can only apply once under the scheme.

If you were represented by a Solicitor or ourselves, you will need to provide:-

• A copy, certified by the Solicitor, of the letter of claim and the documents in support which were sent with it to the Defendant/Insurer or

• A sealed copy (i.e. sealed by the issuing Court) of the Claim Form (and Particulars of Claim).

In support of your original claim you did not send a letter claiming damages, you will need to provide:-

• Proof of diagnosis of pleural plaque (i.e. a medical report), resulting from exposure to asbestos.

• Certified copies of correspondence with the Solicitor or Trade Union confirming the taking on of the case prior to 17th October 2007.

• Documentation to show that you were working in England or Wales and that you were exposed to asbestos in the course of that employment.

• Details of the Defendant and/or Insurer and grounds of the claim against that Defendant/Insurer.

If you represented yourself and were not represented by a Solicitor or Trade Union you will need to provide:-

• A sealed copy of the Claim Form and Particulars of Claim or

• A copy of the letter of claim and documents in support which were sent to the Defendant/Insurer.

Further details can be found on the Ministry of Justice website.

Unfortunately no costs are payable by the Ministry of Justice to enable Claimants to have legal representation in respect of their application. As a Firm however, we are always keen to do our best for our clients and pride ourselves on the quality and care in the service we offer.

If you previously made a claim through ourselves for damages as a result of being diagnosed with pleural plaques, please fill out our claim form. One of our Specialist Solicitors will be available to discuss matters with you and provide you with any available documentation required.