Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Asthma definition

What does Asthma mean? Asthma describes, in legal practice, a chronic inflammatory lung condition (causing wheeze and breathlessness) that commonly features in personal injury, clinical negligence, employment and equality, housing disrepair, environmental nuisance and regulatory matters. It is not generally defined in legislation or case law; it is a medical diagnosis proved by expert evidence and medical records. In discrimination and employment law, asthma can amount to a disability where its effects are substantial and long-term: under the Equality Act 2010 in England, Wales and Scotland (triggering the duty to make reasonable adjustments), under the Disability Discrimination Act 1995 in Northern Ireland, and under...

Occupational Asthma Claims in Great Britain: COSHH Duties, ERRA 2013 s69 Negligence, Causation and Quantum

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Practice notes

PrACTice Note

This Practice Note explores the principal considerations when pursuing a claim arising from work-related Asthma. It offers practical direction on key steps in such cases, including the legal framework governing liability, evidential hurdles, and valuation of damages...

Identifying whether a duty of care in law is owed
The statutory regime under the Control of Substances Hazardous to Health Regulations 2002 (COSHH Regs 2002), SI 2002/2677
Causation questions
Assessing the worth of these claims

The Note addresses how Civil liability may arise where an individual—most commonly, though not solely, an Employee—develops asthma following exposure to substances hazardous to health...

For injuries occurring before 1 October 2013, the COSHH Regs 2002, SI 2002/2677 (as amended) applied. For injuries on or after 1 October 2013, section 69(3) of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) recasts section 47 of the Health and Safety at Work etc Act 1974 so that breach of the COSHH Regs 2002, SI 2002/2677 does not of itself give rise to civil liability. For further guidance on post‑1 October 2013 injuries, see Practice Notes: Section 69 of the Enterprise and Regulatory Reform Act 2013 and Section 69 of the Enterprise and Regulatory Reform Act 2013—case tracker...

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Web page updated on 21/05/2026

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