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Damages (Asbestos-related Conditions) (Scotland) Act 2009
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2Pleural thickening and asbestosis
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(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.
(2)Those conditions are—
(a)asbestos-related pleural thickening; and
(b)asbestosis.
(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 personal injuries.
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