A Bill to provide that certain asbestos-related conditions are actionable personal injuries; and for connected purposes
The Bill would treat certain asbestos-related conditions as actionable personal injuries. Those suffering from asbestos-related pleural plaques or asbestosis would therefore be able to claim damages against the person causing them. The provisions would not affect the legislation determining liability for personal injury.Key areassomeone suffering from pleural thickening or asbestosis would not have to prove that asbestos-related condition was causing impairment of their physical condition to claim damages on the basis of personal injury Someone seeking a particular level of damages on the basis of physical impairment would have to prove that level of injury The legislation would have retrospective effect, except in cases where claims had already been settled or legal proceedings already commenced.
House of Commons
13 November 2009
May contain errors — check source documents for definitive information.
The Damages (Asbestos-Related Conditions) Bill would treat certain asbestos-related conditions, such as pleural plaques, pleural thickening and asbestosis, as actionable personal injuries. This means sufferers could claim damages from those responsible, and in many cases would not have to prove their condition impaired their physical functioning; damages could still reflect the level of impairment if that is the basis for the claim. The bill would be retrospective, applying to past claims unless settlements or proceedings had already begun, and it would not alter the overall liability framework for personal injury.
The bill is currently at the Lords, at the 2nd reading stage. It originated in the Commons and has progressed through several Commons stages before moving to the Lords.
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19 Oct 2009
First reading took place on 19 October. This stage is a formality that signals the start of the Bill's journey through the Lords.
Second reading - the general debate on all aspects of the Bill - is yet to be scheduled.
No recorded votes for this bill yet.
