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 that asbestos-related condition was causing impairment of their physical condition to claim damages on the basis of personal injurysomeone seeking a particular level of damages on the basis of physical impairment would have to prove that level of injurythe legislation would have retrospective effect, except in cases where claims had already been settled or legal proceedings already commenced
House of Commons
26 October 2010
May contain errors — check source documents for definitive information.
The bill would treat certain asbestos-related conditions, such as pleural plaques, pleural thickening, or asbestosis, as actionable personal injuries, allowing those affected to claim damages from the person responsible. It would not change how liability for personal injury is decided, but it would mean claimants for these conditions could win damages without proving their condition impaired their overall physical ability; for claims based on impairment, the level of damage would still depend on the extent of impairment. The act would apply retrospectively, except where claims had already been settled or legal proceedings had begun.
The bill is at the Lords' second reading stage after passing through the Commons in the early 2010 stages; it has not become law yet.
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8 Feb 2010
First reading took place on 8 February. This stage is a formality that signals the start of the Bill's journey through the Lords.
The 2009-10 session of parliament has prorogued and this Bill will make no further progress.
No recorded votes for this bill yet.
