The market leaders' debate focuses on the issue of pleural plaques and whether or not people with the condition should be entitled to compensation. This is an intermediate level course.

In October 2007 the Law Lords ruled that people suffering from pleural plaques would not be able to claim compensation. This upheld an earlier decision in January 2006 by the Court of Appeal, which ended claimants’ ability to get compensation for the condition.

In November 2007, the Scottish Parliament announced its intention to introduce a bill to overturn the House of Lords ruling and allow payment of compensation for pleural plaques in Scotland. In July 2008, it published a new bill that will mean people negligently exposed to asbestos who are diagnosed with pleural plaques will continue to be able to raise an action for damages.

Also in July 2008, the Ministry of Justice published a consultation paper on pleural plaques. The paper has three main strands: proposals to improve understanding of the condition and provide support to those diagnosed; consideration as to whether the law of negligence should be changed; and the possibility of offering no-fault financial support to those with pleural plaques.

The information in this video podcast represented the legal position in England and Wales when it was recorded on 22 May 2008.

This video podcast explores the issue of pleural plaques in detail and features contributions from some of the leading experts involved in this field. It will be of interest to anyone wanting to know more about pleural plaques and the different views as to whether they should be compensatable.

The video and linked interviews last for 82 minutes. It will take you a further 20 minutes to complete the questionnaire. You will need to get 50 per cent of the questions right to gain your CPD.

The debate is chaired by Frank Burton QC. The interviews are with ITN’s Jon Gilbert. The questions are set by Louise Restell.

Learning outcomes

After listening to the programme, you will understand:

• The current legal position regarding pleural plaques
• Pleural plaques case history
• The medical understanding of pleural plaques
• Why insurers challenged the payment of compensation for pleural plaques
• Why claimant lawyers believe sufferers should get compensation
• The possible legislative solutions for dealing with pleural plaques
• The benefits and potential pitfalls of running compensation schemes