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provide
that certain asbestos-related conditions are actionable personal
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injuries; and for connected
purposes. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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(1) |
Asbestos-related pleural
plaques are a personal injury which constitute |
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(2) |
A person who has pleural
plaques may recover damages in respect of them |
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from a person liable for
causing them. |
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(3) |
Any rule of law the effect
of which is that asbestos-related pleural plaques are |
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not a personal injury or
constitute actionable damage ceases to apply to the |
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extent it has that effect. |
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(4) |
But nothing in this section
otherwise affects any enactment or rule of law |
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which determines whether
and in what circumstances a person may be liable |
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for causing (or materially
contributing to the development of) a personal |
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2 |
Pleural
thickening and asbestosis |
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(1) |
For the avoidance of doubt,
a condition mentioned in subsection (2) which has |
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not caused, is not causing
or is not likely to cause impairment of a person’s |
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physical condition is a personal
injury which constitutes actionable damage. |
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(2) |
The conditions referred to
in subsection (1) are— |
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(a) |
asbestos-related pleural thickening;
and |
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(3) |
It is not necessary for
a person seeking damages in respect of asbestos-related |
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pleural thickening or asbestosis
to prove that it has caused, is causing or is |
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likely to cause impairment
of that person’s physical condition. |
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(4) |
But
where a person seeking damages claims, in relation to the amount
of |
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damages sought, that the
thickening or asbestosis has caused, is causing or is |
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likely to cause such impairment,
it remains for that person to prove those |
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(1) |
This section applies to an
action of damages for personal injuries— |
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(a) |
in which the damages claimed
consist of or include damages in respect |
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(i) |
asbestos-related pleural
plaques; or |
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(ii) |
a condition mentioned
in section 2(2) which has not caused, is |
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not causing or is not likely
to cause impairment of a person’s |
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(b) |
which, in the case of an
action commenced before the date this section |
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comes into force, has not
been determined by that date. |
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(2) |
For the purposes of sections
11 and 12 of the Limitation Act 1980
(c. 58) (special |
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time limit for actions in
respect of personal injuries) and (special time limit for |
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actions under Fatal Accidents
legislation), the period beginning with 17 |
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October 2007 and ending with
the day on which this section comes into force |
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is to be left out of account.
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4 |
Commencement
and retrospective effect |
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(1) |
This Act (other than section
5) comes into force on such day as the Secretary of |
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State shall by order appoint. |
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(2) |
Sections 1 and 2 are to be
treated for all purposes as having always had effect. |
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(3) |
But those sections have no
effect in relation to— |
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(a) |
a claim which is settled
before the date on which section 1 comes into |
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force (whether or not legal
proceedings in relation to the claim have |
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(b) |
legal proceedings which are
determined before that date. |
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5 |
Short
title, Crown application and extent |
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(1) |
This Act may be cited as
the Damages (Asbestos-Related Conditions) Act 2010. |
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(2) |
This Act binds the Crown. |
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(3) |
This Act extends to England
and Wales and Northern Ireland only. |
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