Overview

This bill makes certain asbestos-related conditions, specifically pleural plaques, pleural thickening, and asbestosis, legally recognized as actionable personal injuries, even without demonstrable current or future physical impairment. It also amends the limitation period for bringing related lawsuits.

Description

The Damages (Asbestos-Related Conditions) Bill aims to change the legal definition of certain asbestos-related illnesses. Currently, some conditions, like pleural plaques, are not considered compensable injuries unless they cause demonstrable physical impairment. This bill changes this, making the following key alterations:

Pleural Plaques

The bill explicitly defines asbestos-related pleural plaques as a personal injury that allows for compensation. This means individuals with pleural plaques can sue for damages even if they experience no symptoms or health problems.

Pleural Thickening and Asbestosis

Similarly, the bill clarifies that asbestos-related pleural thickening and asbestosis are actionable personal injuries, regardless of whether they currently or will cause any physical impairment. Proof of impairment is not required to claim damages, however, if a claimant does allege impairment, they must provide evidence.

Limitation of Actions

The bill modifies the time limits for bringing lawsuits related to these conditions, effectively extending the period within which individuals can pursue legal action. It removes the period between October 17, 2007, and the bill's effective date from the calculation of the limitation period.

Retrospective Effect

Sections 1 and 2 of the bill are given retrospective effect. However, this does not apply to claims settled or legal proceedings completed before the bill comes into force.

Geographic Scope

The bill applies only to England, Wales, and Northern Ireland.

Government Spending

The bill is likely to significantly increase government spending due to the increased number of successful asbestos-related lawsuits. Precise figures are unavailable from the provided text.

Groups Affected

• Individuals with asbestos-related conditions: This bill positively impacts individuals diagnosed with pleural plaques, pleural thickening, or asbestosis, allowing them to pursue legal action for compensation, even without present impairment.
• Insurers: Insurers will likely face increased claims and payouts due to the broader definition of compensable asbestos-related injuries.
• Employers (past and present): Businesses with past or present asbestos exposure in their workplaces could face increased legal liabilities.
• Legal professionals: Lawyers specializing in personal injury claims will likely experience a rise in cases.

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