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Damages (Asbestos-related Conditions) Bill [HL]

To provide that certain asbestos-related conditions are actionable personal injuries; and for connected purposes.

What this bill does

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.

Originating House

House of Lords

Parliament last updated

8 April 2010

In Plain English

AI-generated

May contain errors — check source documents for definitive information.

This bill would allow people who have been negligently exposed to asbestos and later diagnosed with certain asbestos-related conditions to sue for damages as a personal injury. It covers pleural plaques, pleural thickening and asbestosis, and would let claimants avoid proving that their condition has impaired their overall health to claim, while those seeking impairment-based damages would still need to prove the extent of impairment. The bill applies to England, Wales and Northern Ireland and has retrospective effect, with exceptions for settled claims or ongoing proceedings.

Key Points

  • Treats certain asbestos-related conditions (pleural plaques, pleural thickening, asbestosis) as actionable personal injuries, enabling court claims for compensation.
  • Claimants do not need to prove impairment to claim for damages on a personal injury basis; impairment-based damages would require proof of level of impairment.
  • Retrospective effect applies to past claims, except where claims have already been settled or legal proceedings have commenced.
  • Applies to England, Wales and Northern Ireland; a related Scotland bill has already received Royal Assent.
  • The bill originated in the Lords and, as of the latest stage, is at Committee stage in the Lords (after 1st and 2nd readings).

Progress

Originated in the Lords; completed the 1st and 2nd readings and is currently at Committee stage in the Lords.

Who is affected?

People negligibly exposed to asbestos diagnosed with pleural plaques, pleural thickening or asbestosisIndividuals pursuing compensation for asbestos-related personal injuries in England, Wales and Northern Ireland

Generated 21 February 2026

Bill Stages

1st readingLords

19 Nov 2009

2nd readingLords

5 Feb 2010

Committee stageLords

5 Mar 2010

Report stageLords
3rd readingLords
1st readingCommons
2nd readingCommons
Committee stageCommons
Report stageCommons
3rd readingCommons
Royal Assent

Updates & Documents

News (1)

News - Damages (Asbestos-related Conditions)

1 Jan 1970


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.

Documents (3)

HL Bill 43 09-10 (as Amended in Committee)
BillLords
8 Mar 2010
Marshalled List of Amendments to be moved in Committee as at 3 March 2010
Amendment PaperLords
4 Mar 2010
HL Bill 16 09-10 (as introduced)
BillLords
20 Nov 2009

Parliamentary Votes (0)

No recorded votes for this bill yet.