Civil Liability Act 2002

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

In this section – dust-related disease means – any of the following diseases:aluminosis; asbestosis; asbestos-induced carcinoma; asbestos-related pleural diseases; bagassosis; berylliosis; byssinosis; coal dust pneumoconiosis; farmers' lung; hard metal pneumoconiosis; mesothelioma; silicosis; silico-tuberculosis; talcosis; or any other pathological condition of the lung, pleura or peritoneum that is attributable to dust.