Damages (Asbestos-Related Conditions) (No. 2) Bill

The Bill would treat certain asbestos-related conditions as actionable personal injuries. Those suffering from asbestos-related pleural plaques or asbestosis would therefore be able to claim damages against the person causing them. The provisions would not affect the legislation determining liability for personal injury.

Key areas

• someone suffering from pleural thickening or asbestosis would not have to prove that 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