The Compensation Act 2006

The Compensation Bill has progressed through Parliament without very much difficulty. The main provisions in the Bill have been covered in early issues of Medical Law Monitor, and the Government has already started to deal with the regulation of “claims farmers”. However, at the last minute, a new clause was inserted into the Bill after the decision in Barker v Corus [2006] UKHL 66 was greeted with dismay by the TUC and other organisations representing the interests of workers and claimants. The Government produced a surprising response. Statutory provisions which establish joint and several liability where a person has contracted mesothelioma as a result of being negligently exposed to asbestos were introduced as a matter of urgency and are contained in section 3 of the Compensation Act 2006. They will enable victims of mesothelioma to receive full compensation from any “responsible person” as quickly and easily as possible. The “responsible person” will then be able to claim back contributions from other responsible persons. The Bill received the Royal Assent on 25 July 2006.