The full text of this judgment is available free of charge on the BAILII website.
Representation:
David Allan QC , Ivan Bowley, Frank Burton QC and Harry Steinberg instructed by Thompsons for the Appellants:
Michael Beloff QC, Michael Kent QC, Michael Rawlinson and Sophie Allan instructed by Halliwells LLP for the Respondents.
October 2007. The House of Lords upheld the Court of Appeal's ruling in this case to the effect that pleural plaques is not a compensatable disease (see Johnston v NEI International Combustion Ltd; Rothwell v Chemical & Insulating Co Ltd, [2007] UKHL 39 on 17th October 2007, reported at [2007] ICR 1745). For notes on issues arising click here (professional versions only).
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Authority for the proposition that:-
In layman's language:
pleural plaques is not a compensatable disease in respect of which legal action can be brought (the pleura is a lining on the inside of the chest cavity which protects the lungs and the plaques are calcified deposits).
In technical language:
- the mere presence of asbestos fibres in employees' lungs cannot found a cause of action in a personal injury claim. On the facts of this case, the odds were that the asbestos fibres would remain innocuous.
- aggregating separate heads of claim which individually could not found a cause of action, will not give rise to a legal claim
- an employer who negligently exposes employees to the risk of contracting a disease is not liable for free-standing psychiatric injury caused by anxiety at the prospect of contracting it (although he may, of course, have other liabilities as a result of his negligence).
For relevant general notes see Health and Safety at work/asbestos
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updated Jan2010