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2006: Compensation Act 2006: effect on asbestos disease claims.

Jul 04, 2012
by Andrew@Reliabilityoxford.co.uk
0 Comment
The effect of the Barker judgement was reversed within a matter of weeks. This Bill provides that joint and several liability applies to these kinds of claims.

Evidence from:

Hansard: Amendments agreed 19th July 2006.
“Compensation Bill”

The absolute language used in this bill is intended to give rise to a guarantee of compensation for mesothelioma cases. However the language used is absurd and will give rise to uncertainties. Included is the possibility that exposure to asbestos the day before a diagnosis of mesothelioma is made, could be found responsible for the disease. There are other scenarios where the Act will give offence against natural justice. There is growing concern that contribution to risk should be measured in a more rational way.

The real tests will come when an administrator or public body has a duty to minimise exposure to past liabilities.

Further detail:

6#5-6 8

 

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