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EDITIONS
 Wednesday, 8 January, 2003, 10:24 GMT
Fast-track call for asbestos cases
Lung x-ray
Mesothelioma attacks the lining of the lung
MSPs are seeking radical changes to the legal system to ensure that asbestos victims receive compensation before they die.

A Scottish Parliament committee has already promised to speed up claims for terminally ill patients.

A new fast-track system is due to come into effect in the spring.

But the Justice 2 Committee is now calling for the introduction of even more radical steps.

The system we propose will help those who have no time to spare on court proceedings to reach a rapid conclusion to their claims

Pauline McNeill
committee convenor
The all-party committee recommended that special procedures be introduced for handling mesothelioma claims - one of the family of asbestos-related diseases.

These should include hearings taking place within six months, rather than the 12 months which will apply under the speeded-up procedures.

It also recommended on Wednesday that judges hold preliminary hearings six weeks beforehand, to ensure cases are ready and to encourage out-of-court settlements, and that judges get new powers to ensure that cases can proceed.

Life expectancy

The recommendations are the outcome of a 20-month investigation by the committee, prompted by a petition to parliament by the campaign group Clydeside Action Against Asbestos.

But committee convener Pauline McNeill said that while the changes would enable most asbestos cases to be dealt with more efficiently, more needed to be done.

Clyde cranes
Many shipyard workers have been affected
"Under the new procedures cases will still take a minimum of 12 months to come to a hearing.

"Crucially, we believe that a faster system is required for those cases where life expectancy is less than 18 months.

"The system we propose will help those who have no time to spare on court proceedings to reach a rapid conclusion to their claims," she said.

The petition which prompted the MSPs investigation was lodged by lawyer Frank Maguire, whose firm has handled many asbestos cases.

The material was commonly used in shipbuilding and heavy industry in Britain's industrial heyday, but the diseases it triggers can take years to show up.

'Special needs'

Mr Maguire told BBC Radio Scotland's Good Morning Scotland on Wednesday that he was "very pleased" with the recommendations.

"This is the first time that the courts have had to look at asbestos cases on their own.

"They have special needs - and the paramount one is that these people are dying," he said.

More than 1,800 people have died from lung cancer and other asbestos-related illnesses in Scotland - hundreds before their compensation cases reached court.

Clydebank, where thousands once worked in shipyards, has the highest death rate from asbestos poisoning in the UK.

Mesothelioma attacks the lining of the lung or abdomen. It can cause a great deal of pain, and responds poorly to surgery and therapies.

Each case takes two to three years to go through the Scottish courts and the numbers of sufferers is expected to rise.

  WATCH/LISTEN
  ON THIS STORY
  Isabel Fraser reports
"Hundreds of victims die before they get to court."
See also:

16 May 02 | Scotland
07 May 02 | A-B
07 May 02 | Health
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