|
| |
| |
| |
| |
| |
| |
provide that certain asbestos-related conditions are actionable personal |
| |
injuries; and for connected purposes. |
| |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
| |
consent of the Lords Spiritual and Temporal, and Commons, in this present |
| |
Parliament assembled, and by the authority of the same, as follows:— |
| |
| |
(1) | Asbestos-related pleural plaques are a personal injury which constitute |
| |
| |
(2) | A person who has pleural plaques may recover damages in respect of them |
| |
from a person liable for causing them. |
| 5 |
(3) | Any rule of law the effect of which is that asbestos-related pleural plaques are |
| |
not a personal injury or constitute actionable damage ceases to apply to the |
| |
extent it has that effect. |
| |
(4) | But nothing in this section otherwise affects any enactment or rule of law |
| |
which determines whether and in what circumstances a person may be liable |
| 10 |
for causing (or materially contributing to the development of) a personal |
| |
| |
2 | Pleural thickening and asbestosis |
| |
(1) | For the avoidance of doubt, a condition mentioned in subsection (2) which has |
| |
not caused, is not causing or is not likely to cause impairment of a person’s |
| 15 |
physical condition is a personal injury which constitutes actionable damage. |
| |
(2) | The conditions referred to in subsection (1) are— |
| |
(a) | asbestos-related pleural thickening; and |
| |
| |
(3) | It is not necessary for a person seeking damages in respect of asbestos-related |
| 20 |
pleural thickening or asbestosis to prove that it has caused, is causing or is |
| |
likely to cause impairment of that person’s physical condition. |
| |
| |
| |
| |
|
| |
| |
(4) | But where a person seeking damages claims, in relation to the amount of |
| |
damages sought, that the thickening or asbestosis has caused, is causing or is |
| |
likely to cause such impairment, it remains for that person to prove those |
| |
| |
| 5 |
(1) | This section applies to an action of damages for personal injuries— |
| |
(a) | in which the damages claimed consist of or include damages in respect |
| |
| |
(i) | asbestos-related pleural plaques; or |
| |
(ii) | a condition mentioned in section 2(2) which has not caused, is |
| 10 |
not causing or is not likely to cause impairment of a person’s |
| |
| |
(b) | which, in the case of an action commenced before the date this section |
| |
comes into force, has not been determined by that date. |
| |
(2) | For the purposes of sections 11 and 12 of the Limitation Act 1980 (c. 58) (special |
| 15 |
time limit for actions in respect of personal injuries) and (special time limit for |
| |
actions under Fatal Accidents legislation), the period beginning with 17 |
| |
October 2007 and ending with the day on which this section comes into force |
| |
is to be left out of account. |
| |
4 | Commencement and retrospective effect |
| 20 |
(1) | This Act (other than section 5) comes into force on such day as the Secretary of |
| |
State shall by order appoint. |
| |
(2) | Sections 1 and 2 are to be treated for all purposes as having always had effect. |
| |
(3) | But those sections have no effect in relation to— |
| |
(a) | a claim which is settled before the date on which section 1 comes into |
| 25 |
force (whether or not legal proceedings in relation to the claim have |
| |
| |
(b) | legal proceedings which are determined before that date. |
| |
5 | Short title, Crown application and extent |
| |
(1) | This Act may be cited as the Damages (Asbestos-Related Conditions) Act 2009. |
| 30 |
(2) | This Act binds the Crown. |
| |
(3) | This Act extends to England and Wales and Northern Ireland only. |
|
