Rothwell v Chemical & Insulating Co [2008]

Facts

  • 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

Issue

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

Decision

  •  Claims dismissed

Reasoning

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

Citation

[2007] UKHL 39

RELATED CASE  The Aliakmon [1986]

Posted in Tort Law Revision Notes.

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