107No entitlement to compensation if certain settlements, &c., made before commencement day

107 No entitlement to compensation if certain settlements, &c., made before commencement day

(1)  If, before the commencement day, a relevant judgment or settlement is given or made in respect of a person who has a compensable disease, or a member of the family of such a person –

(a) the person who has a compensable disease; and

(b) any member of the family of the person who has the disease –

are not entitled to compensation under this Act, or expenses under Part 11 , in relation to the disease.

(2)  Subsection (1) does not apply in relation to a relevant judgment or settlement that is given or made in respect of –

(a) a person who has a compensable disease; or

(b) a member of the family of such a person –

if it is established that the person or persons entitled to the amount of the relevant judgment or settlement are unlikely to receive all of the amount of the relevant judgment or settlement.

(3)  Nothing in section 110 or 111 is to be taken to affect the application of this section.