Rothwell v Chemical & Insulating Co [2008]


  • Many years’ ago, employees had been exposed to asbestos dust
  • They had subsequently developed pleural plaques (harmless proof of exposure to asbestos dust, not indicative of asbestosis)
  • They all feared for developing asbestosis, mental injury to varying degrees


  •  Could a risk of injury from confirmed exposure be actionable in a mental injury claim


  •  Claims dismissed


  •  As pleural plaques were not actual damage, recovery for future illnesses are not actionable


[2007] UKHL 39

RELATED CASE  Kapfunde v Abbey National Plc [1999]

Posted in Tort Law Revision Notes.

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