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
