This Bill was passed on 11th March 2009 as the Damages (Asbestos-related Conditions) (Scotland) Act 2009 (see Scottish Parliament Official Report, 11th March 2009). It will ensure that asbestos-related pleural plaques are an actionable personal injury in Scotland and that the 2007 House of Lords Judgment to the contrary does not have effect in Scotland.

The Act is to come into force on 17th June 2009. Insurance companies are mounting court action against the Act. In April 2009 they failed to get an an interim interdict (injunction) to delay its implementation. A full hearing is expected later.

For relevant general notes go to Health and Safety at work/asbestos and/or Employers' liability Insurance