Following a decision in made by the House of Lords that pleural plaques should no longer be compensated, the English government established a scheme whereby the government (rather than negligent Defendant) would make a one off payment of £5,000 to victims who had already commenced their claims before 17th October 2007. [link http://www.justice.gov.uk/guidance/pleural-plaques-compensation-scheme.htm]

The scheme is administered by the Ministry of Justice and requires that the person who suffered the plaques is the person to make the claim, that at the very least a solicitor had accepted your case and it has not been resolved and no payments of £5,000 or more have been received.  The claimant is not able to claim legal costs or expenses under the scheme.  Due to the brief guidance the Ministry of Justice recently gave the following further details

  • Those who in the past have had successful legal claims and received a payout may be able to claim so long as the payout did not include a payment for pleural plaques.
  • Claims cannot be made on behalf of a person that has died
  • Claims can be made by those who currently live overseas but meet the criteria
  • Those who have developed pleural plaques as a result of exposure to dust from washing clothes or who were in the vicinity of someone working with asbestos dust can claim but must be able to provide the required proof.
  • The claim under the scheme is made before 1st August 2010

The first of the above points is very interesting for those that have claimed in the past and may have settled their claims but not received compensation for pleural plaques as they may be entitled to a further payment of £5,000.

Also, if the Claimant settled a claim for pleural plaques but received less than £5,000 they may be able to claim if it was done on a provisional basis.

The exact terms of the agreement are essential is determining if a further claim can be made so if you are in any doubt you should contact either your own solicitor or we solicitors who will be able to help you.