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Damages (Asbestos-related Conditions) (Scotland) Act 2009

Consolidated Text As Enacted Cited authorities 5 Cited in Amendments 5 Related
Vincent
JurisdictionScotland
Citation2009 asp 4
(1) Asbestos-related pleural plaques are a personal injury which is not negligible.(2) Accordingly, they constitute actionable harm for the purposes of an action of damages for personal injuries.(3) Any rule of law the effect of which is that asbestos-related pleural plaques do not constitute actionable harm ceases to apply to the extent it has that effect.(4) But nothing in this section otherwise affects any enactment or rule of law which determines whether and in what circumstances a person may be liable in damages in respect of personal injuries.(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 is not negligible.asbestos-related pleural thickening; andasbestosis.(3) Accordingly, such a condition constitutes actionable harm for the purposes of an action of damages for personal injuries.(4) Any rule of law the effect of which is that such a condition does not constitute actionable harm ceases to apply to the extent it has that effect.(5) But nothing in this section otherwise affects any enactment or rule of law which determines whether and in what circumstances a person may be liable in damages in respect of

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