After section 8 of the Principal Act , the following Part is inserted:

PART 5A - Provisional Damages

8A.     Application of Part 5A

This Part applies to civil liability of any kind for damages for personal injury or death, except civil liability that is excluded from the operation of this Part by section 3B .

8B.     Provisional damages for asbestos-related conditions

(1)  If it is proved or admitted in an action for damages in respect of a dust-related disease ( the first disease ) of a person that the person may, at some definite or indefinite time in the future, develop another dust-related disease wholly or partly as a result of the act or omission giving rise to the cause of action, the court may –

(a) award, in the first instance, damages ( provisional damages ) for the first disease, assessed on the assumption that the person will not develop another dust-related disease; and

(b) award damages at a future date if the person does develop another dust-related disease.

(2)  In this section –

dust-related disease means –

(a) any of the following diseases:

(i) aluminosis;

(ii) asbestosis;

(iii) asbestos-induced carcinoma;

(iv) asbestos-related pleural diseases;

(v) bagassosis;

(vi) berylliosis;

(vii) byssinosis;

(viii) coal dust pneumoconiosis;

(ix) farmers' lung;

(x) hard metal pneumoconiosis;

(xi) mesothelioma;

(xii) silicosis;

(xiii) silico-tuberculosis;

(xiv) talcosis; or

(b) any other pathological condition of the lung, pleura or peritoneum that is attributable to dust.