Damages (Asbestos-related Conditions) Bill [HL]

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 areas

• Someone 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.