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LIMITATION ACT 2005 - SECT 56

LIMITATION ACT 2005 - SECT 56

56 .         Personal injury — asbestos related diseases

        (1)         A cause of action for damages relating to a personal injury —

            (a)         that is attributable to the inhalation of asbestos; and

            (b)         to a person who did not have knowledge of the relevant facts before 1 January 1984,

                accrues when the person has knowledge of the relevant facts.

        (2)         For the purposes of this section a person has knowledge of the relevant facts in relation to a cause of action when the person has knowledge —

            (a)         that the injury in question was significant;

            (b)         that the injury was attributable in whole or in part to the act or omission which is alleged to constitute the cause of action;

            (c)         of the identity of the defendant; and

            (d)         if it is alleged that the act or omission was that of a person other than the defendant, of the identity of that person and the additional facts supporting the bringing of an action against the defendant,

                and knowledge that any acts or omissions did or did not, as a matter of law, give rise to a cause of action is irrelevant.

        (3)         For the purposes of this section an injury is significant if the person whose knowledge is in question would reasonably have considered it sufficiently serious to justify the person’s commencing an action for damages against a defendant who did not dispute liability and was able to satisfy a judgment.

        (4)         For the purposes of this section, an injury that —

            (a)         before 14 November 2005, is a disability as defined in the Workers’ Compensation and Injury Management Act 1981 ; or

            (b)         on or after 14 November 2005, is an injury as defined in that Act,

                is not to be treated as being significant unless either the parties to the proposed action have agreed, or a medical panel constituted as described in section 36(1) of that Act —

            (c)         has determined that the degree of the disability assessed in accordance with section 93D(2) of that Act, is 30% or more; or

            (d)         has assessed that the worker’s degree of whole of person impairment evaluated as described in sections 146A and 146C of that Act (on or after 14 November 2005), is 25% or more,

                as is relevant in the worker’s case.

        (5)         For the purposes of this section a person’s knowledge includes knowledge which the person might reasonably have been expected to acquire —

            (a)         from facts observable or ascertainable by the person; or

            (b)         from facts ascertainable by the person with the help of medical or other appropriate expert advice which it is reasonable for the person to seek,

                but a person is not to be fixed under this subsection with knowledge of a fact ascertainable only with the help of expert advice so long as the person has taken all reasonable steps to obtain (and, where appropriate, to act on) that advice.