Overview

This bill makes certain asbestos-related conditions, previously not legally actionable, grounds for claiming compensation. It specifically addresses pleural plaques, pleural thickening, and asbestosis, allowing individuals to sue for damages even if these conditions haven't caused, aren't causing, or are unlikely to cause any physical impairment.

Description

The Damages (Asbestos-related Conditions) Bill clarifies the legal definition of actionable injury regarding asbestos-related illnesses. It explicitly states that:

• Pleural plaques: These are now legally recognized as a personal injury allowing for damage claims.
• Pleural thickening and asbestosis: These can be claimed as actionable even without proof of current or future physical impairment. However, if impairment is claimed to affect the amount of damages sought, it must be proven.
• Limitation of Actions: The bill modifies the Limitation Act 1980, extending the time limit for legal action regarding these conditions. The period between October 17, 2007, and the bill's enactment is disregarded when calculating the limitation period.
• Retrospective Effect: Sections 1 and 2 of the bill are applied retrospectively, meaning they are considered to have always been in effect. However, this doesn't apply to claims settled or legal proceedings completed before the bill's enactment.

Government Spending

The bill's financial impact on government spending is not explicitly stated in the provided text. However, it is likely to lead to increased costs due to potential compensation claims for asbestos-related illnesses.

Groups Affected

• Individuals with asbestos-related pleural plaques, pleural thickening, or asbestosis: This group could benefit from the ability to claim compensation, even in the absence of significant physical impairment.
• Employers and insurers: This group may face increased liability and costs associated with compensation claims.

Powered by nyModel