Damages (Asbestos-related Conditions) (Scotland) Bill Committee page
Introduction
The
Damages (Asbestos-related Conditions) (Scotland) Bill was introduced in the Scottish Parliament on 23 June 2008. The Bill
seeks to ensure that a House of Lords Judgment does not have effect in Scotland and that people with pleural plaques caused by wrongful exposure to asbestos can raise an action for damages.
Background
The House of Lords (HoL) decision in Johnston v NEI International Combustion Ltd published on 17 October 2007, ruled that asymptomatic pleural plaques (an asbestos-related condition) do not give rise to a cause of action because they do not signify damage or injury that is sufficiently material to found a claim for damages in tort. The Judgment is not binding in Scotland, but is highly persuasive. The equivalent cause of action in Scotland is “delict”: in a delictual action a person may claim civil damages against another person responsible for a wrongful act that has caused loss or injury.
The purpose of the Bill is to ensure that the HoL Judgment does not have effect in Scotland and that people with pleural plaques caused by wrongful exposure to asbestos can raise an action for damages. As it is possible that the courts might look to Johnston as authority in relation to claims in respect of other asymptomatic asbestos-related conditions, the Bill also provides that asymptomatic pleural thickening and asymptomatic asbestosis, when caused by wrongful exposure to asbestos, continue to give rise to a claim for damages in Scotland.
Justice Committee - Stage 1 Scrutiny
Call for evidence
The Committee issued a call for written evidence.
The call for evidence has now closed. Submissions received can be found below.
Oral evidence
The Committee took evidence on the Bill at its meetings on 2 and 9 September 2008.
Please follow the links below to the papers, official reports and minutes of the meetings.
Agenda and papers (148 KB pdf))
Official Report
Minutes
Agenda and papers (34 KB pdf)
Official Report
Minutes
Agenda and papers (181 KB pdf)
Minutes
Supplementary written evidence
Please follow the link below to supplementary submissions received.
Committee Report
The Committee published its report on 13 October 2008. Please follow the links below to the report and accompanying news release.
Correspondence
Further to the publication of the Committee's report, the Committee received copies of correspondence between Fergus Ewing MSP, the Minister for Community Safety and Bridget Prentice MP, the Parliamentary Under Secretary of State at the Ministry of Justice in relation to the Bill. The letters are introduced by a letter from the Minister to the Convener. These letters can be found below.
Letters have also been received from the Department for Business Enterprise and Regulatory Reform and from the Ministry of Defence. These letters can be found below.
Justice Committee - Stage 2 Consideration
The Committee will consider amendments to the Bill at Stage 2 at its meeting on 2 December 2008.
2 December 2008 (Consideration of amendments)
Contact: For specific information on the Bill, please contact Andrew Proudfoot, Assistant Clerk to the Committee, on 0131 348 5047 or email justice.committee@scottish.parliament.uk |
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