Compensation Act 2006

[4][5][6][7] Section 2 stipulates that, in the event of an accident, an apology or offer or redress, such as paying for medical treatment, is not, of itself an admission of liability.

Section 3 reverses the common law rule on allocation of damages in various mesothelioma claims arising from unlawful exposure to asbestos.

In 2002, the House of Lords ruled in Fairchild v Glenhaven Funeral Services Ltd[8] that, where several parties had unlawfully exposed the claimant to asbestos and risk of pleural and peritoneal mesothelioma, all were liable for his injury, even though the claimant could not prove which individual party had provided the asbestos fibers that cause the disease.

However, in Barker v Corus (UK) plc[9] the House of Lords took Fairchild further and held that the parties who contributed to the risk were severally but not jointly liable.

Suppose X sues C Ltd., then the court will award to X, and order C Ltd. to pay, damages totalling compensation for all of the loss he has suffered due to mesothelioma (i.e. 100%).

As of 23 April 2007, an individual or a corporation may not provide claims management services by way of business unless authorised, exempt or otherwise in receipt of a waiver (s.4(1)).

Section 12 creates a Claims Management Services Tribunal to which a person may appeal a decision of the Regulator about authorisation (s.13(1)).

Asbestos fibres - a single fibre is believed to cause mesothelioma