To provide that certain asbestos-related conditions are actionable personal injuries; and for connected purposes.
The purpose of the Damages (Asbestos-related Conditions) Bill is to treat certain asbestos-related conditions as actionable personal injuries. Under the Bill, people who have negligently been exposed to asbestos and diagnosed with pleural plaques, would be able to pursue claims for compensation through the courts. The Bill was first introduced in the House of Commons by Andrew Dismore, Labour MP for Hendon, as the Damages (Asbestos-Related Conditions) Bill. It had a second reading, committee stage, report stage and a third reading. The Bill covers England, Wales and Northern Ireland. The Damages (Asbestos-related Conditions) (Scotland) Bill received Royal Assent on 17 April 2009.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 Lords
8 April 2010
The Damages (Asbestos-related Conditions) Bill would treat certain asbestos-related conditions, notably pleural plaques, pleural thickening and asbestosis, as actionable personal injuries, allowing people negligently exposed to asbestos to pursue compensation in court. For many claims, claimants wouldn’t have to prove the injury is impairing their physical function, though if they seek damages based on impairment they would need to prove the level of impairment. The measure applies to England, Wales and Northern Ireland, with a separate Scotland bill having already become law in 2009; the bill has retrospective effect except for settled cases or those where proceedings have already started.
The bill is currently at the Committee stage in the House of Lords. A Scotland-specific version of the Bill has already received Royal Assent (2009).
Generated 21 February 2026
Line by line examination of the Bill took place during committee stage on 5 March. Amendments discussed covered clauses 1 to 4 of the Bill.
The 2009-10 session of parliament has prorogued and this Bill will make no further progress.
No recorded votes for this bill yet.
