Damages (Asbestos-Related Conditions) Bill Progresses To Lords

The Damages (Asbestos-related Conditions) Bill 2008-09, a private Members' Bill (Presentation Bill) introduced by Andrew Dismore, has through the House of Commons and will progress to the House of Lords.

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 Bill is a consequence of the House of Lords decision in Johnston v NEI International Combustion Ltd about pleural plaques — small localised areas of fibrosis found within the pleura of the lung, caused by asbestos exposure. The Laws Lords’ unanimous decision in October 2007 upheld a Court of Appeal decision that the presence of pleural plaques is symptomless and therefore does not justify actions for damages.

This proposed Bill will not apply to Scotland where, under the Damages (Asbestos-related Conditions) (Scotland) Act 2009, asbestos-related pleural thickening and asbestosis which have not caused or are not causing impairment of a person's physical condition are a personal injury that are not negligible, and consequently constitute actionable harm for the purposes of an action of damages for personal injuries.

On 9 July 2008, the Ministry of Justice issued a consultation on the most appropriate way of supporting people diagnosed with pleural plaques. Despite the consultation being issued over a year ago, the Government has not yet decided whether to act, although the Minister of Justice, Jack Straw, has promised a statement in this session of Parliament.

The Government could decide to legislate to reverse the effect of the Lords’ decision or to take no action. If the Government acts it is likely that the proposed Bill will not be needed, as a private member’s Bill it is likely to require Government support in order to complete its progress through Parliament.

Source: Croners

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