5Discharge of liability to pay damages: exception for mesotheliomaS

(1)This section applies where––

(a)the liability to pay damages to A (or to A's executor) is discharged, whether by antecedent agreement or otherwise, by A before A's death,

(b)the personal injury in consequence of which A died is mesothelioma, and

(c)the discharge and the death each occurred on or after 20th December 2006.

(2)Liability arises under section 4(1) but is limited to the payment of such sum of damages as is mentioned in paragraph (b) of section 4(3).