Skip to main content

Proceeding contribution from Baroness Ashton of Upholland (Labour) in the House of Lords on Wednesday, 19 July 2006. It occurred during Debate on bill on Compensation Bill [HL].


Compensation Bill [HL]

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 6. Moved accordingly, and, on Question, Motion agreed to. 7: Page 9, line 22, at end insert- "““(3) Section (Mesothelioma: damages) shall be treated as having always had effect.""(4) But the section shall have no effect in relation to-" (a) a claim which is settled before 3rd May 2006 (whether or not legal proceedings in relation to the claim have been instituted), or (b) legal proceedings which are determined before that date. "(5) Where a claim is settled on or after that date and before the date on which this Act is passed, a party to the settlement may apply to a relevant court to have the settlement varied; and-" (a) a court is a relevant court for that purpose if it had, or would have had, jurisdiction to determine the claim by way of legal proceedings, (b) an application shall be brought as an application in, or by way of, proceedings on the claim, and (c) a court to which an application is made shall vary the settlement to such extent (if any) as appears appropriate to reflect the effect of section (Mesothelioma: damages). "(6) Where legal proceedings are determined on or after that date and before the date on which this Act is passed, a partyto the proceedings may apply to the court to vary the determination; and-" (a) ““the court”” means the court which determined the proceedings, (b) the application shall be treated as an application in the proceedings, and (c) the court shall vary the determination to such extent (if any) as appears appropriate to reflect the effect of section (Mesothelioma: damages).””


Secondary information

Type
Proceeding contribution
Reference
684 c1330 
Session
2005-06
Chamber / Committee
House of Lords chamber
Subjects
Compensation Courts Damages Asbestos Employment Liability Payments Negligence Mesothelioma Victims Industrial injuries disablement benefit Claims management services
Legislation
Compensation Bill (HL) 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk