Compensation Act 2006
2006 CHAPTER 29
CONTENTS
Go to Preamble
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Part 1
Standard of care
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1. Deterrent effect of potential liability
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2. Apologies, offers of treatment or other redress
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3. Mesothelioma: damages
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Part 2
Claims Management Services
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4. Provision of regulated claims management services
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5. The Regulator
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6. Exemptions
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7. Enforcement: offence
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8. Enforcement: the Regulator
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9. Regulations
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10. Obstructing the Regulator
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11. Pretending to be authorised, &c.
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12. The Claims Management Services Tribunal
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13. Appeals and references to Tribunal
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14. Interpretation
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15. Orders and regulations
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Part 3
General
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16. Commencement
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17. Extent
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18. Short title
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Schedule
Claims Management Regulations
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An Act to specify certain factors that may be taken into account by a court determining a claim in negligence or breach of statutory duty; to make provision about damages for mesothelioma; and to make provision for the regulation of claims management services.
[25th July 2006]
Be it enacted by the Queen´s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:–
Part 1 Standard of care
1 Deterrent effect of potential liability
A court considering a claim in negligence or breach of statutory duty may, in determining whether the defendant should have taken particular steps to meet a standard of care (whether by taking precautions against a risk or otherwise), have regard to whether a requirement to take those steps might–
(a) prevent a desirable activity from being undertaken at all, to a particular extent or in a particular way, or
(b) discourage persons from undertaking functions in connection with a desirable activity.
2 Apologies, offers of treatment or other redress
An apology, an offer of treatment or other redress, shall not of itself amount to an admission of negligence or breach of statutory duty.
3 Mesothelioma: damages
(1) This section applies where–
(a) a person ("the responsible person") has negligently or in breach of statutory duty caused or permitted another person ("the victim") to be exposed to asbestos,
(b) the victim has contracted mesothelioma as a result of exposure to asbestos,
(c) because of the nature of mesothelioma and the state of medical science, it is not possible to determine with certainty whether it was the exposure mentioned in paragraph (a) or another exposure which caused the victim to become ill, and
(d) the responsible person is liable in tort, by virtue of the exposure mentioned in paragraph (a), in connection with damage caused to the victim by the disease (whether by reason of having materially increased a risk or for any other reason).
(2) The responsible person shall be liable–
(a) in respect of the whole of the damage caused to the victim by the disease (irrespective of whether the victim was also exposed to asbestos–
(i) other than by the responsible person, whether or not in circumstances in which another person has liability in tort, or
(ii) by the responsible person in circumstances in…