Pleural plaques legislation; judicial review proceedings begin
The full-scale judicial review of the Damages (Asbestos-related Conditions) (Scotland) Act 2009 began before Lord Emslie on 26 May 2009.
A novel aspect of the case is that pleural plaque victims’ associations have been allowed to intervene in the process, led of course by solicitor-advocate Frank Maguire.
Scots Law News understands that the case is likely to go on into September, and that another attempt by the petitioners to have the Act's coming into force on 17 June delayed pending the outcome of the proceedings was rejected by Lord Emslie. It is nonetheless not clear how all the sisted pleural plaque proceedings in the Court of Session will be handled once the magic date occurs when a non-damage becomes a damage for the purposes of the Scots law of delict.