Attorney General Refers the Damages (Asbestos-Related Conditions) Bill to the Supreme Court

The Attorney General for Northern Ireland, John F Larkin QC, has referred the Damages (Asbestos-Related Conditions) Bill to the UK Supreme Court.
~ Tuesday, 19 April 2011

The Attorney General for Northern Ireland, John F Larkin QC, has referred the Damages (Asbestos-Related Conditions) Bill (the Bill) to the UK Supreme Court.

The Attorney General is asking the Supreme Court to decide whether two of the Bill’s clauses (clause 3 and clause 4(2)) are within the law making powers of the Northern Ireland Assembly.

The Bill seeks to permit persons who have developed pleural plaques on their lungs following exposure to asbestos to sue those allegedly responsible. This follows a judgment of the House of Lords in 2007 (Johnston v NEI International Combustion) which held that symptomless pleural plaques were not actionable damage and had the effect of precluding persons with them from suing successfully.

Speaking about the Supreme Court reference the Attorney General said, "Referring this Bill now will ensure that everyone interested in this issue including people with pleural plaques, employers and insurers will be able to move forward swiftly on a sound legal basis following the Supreme Court’s decision."

He went on to say, "Without this Reference being made now those most affected by the asbestos-related conditions covered by the Bill would, if the experience of Scotland is any guide, have to endure lengthy delays whilst the outcome of legal challenges by insurance companies were resolved in the lower courts and on appeal."

The case is due to be heard by the Supreme Court on13-15 June 2011.