Damages (Asbestos-related Conditions) Act (Northern Ireland) 2011

Document Number:2011 CHAPTER 28
 
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Provide that certain asbestos-related conditions are actionable personal injuries; and for connected purposes.

[21 st June 2011]

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:

Pleural plaques

  1. —(1) Asbestos-related pleural plaques are a personal injury which constitutes actionable damage for the purposes of an action for damages for personal injuries.

    (2) Any rule of law the effect of which is that asbestos-related pleural plaques do not constitute actionable damage ceases to apply to the extent it has that effect.

    (3) But nothing in this section otherwise affects any statutory provision or rule of law which determines whether and in what circumstances a person may be liable for damages in respect of personal injuries.

    (4) In this section and in section 2 “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33).

    Pleural thickening and asbestosis

  2. —(1) For the avoidance of doubt, a condition mentioned in subsection (2) which has not caused and is not causing impairment of a person’s physical condition is a personal injury which constitutes actionable damage for the purposes of an action for damages for personal injuries.

    (2) Those conditions are—

    (a) asbestos-related pleural thickening; and

    (b) asbestosis.

    (3) Any rule of law the effect of which is that such a condition does not constitute actionable damage ceases to apply to the extent it has that effect.

    (4) But nothing in this section otherwise affects any statutory provision or rule of law which determines whether and in what circumstances a person may be liable for damages in respect of personal injuries.

    Limitation of actions

  3. —(1) This section applies to an action for damages for personal injuries—

    (a) in which the damages claimed consist of or include damages in respect of—

    (i) asbestos-related pleural plaques; or

    (ii) a condition to which section 2 applies; and

    (b) which, in the case of an action commenced before the date this section comes into operation, has not been determined by that date.

    (2) For the...

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