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Johnston v NEI International Combustion Ltd, Rothwell v Chemical & Insulating Co Ltd - anxiety about possibility of contracting illness does not found a claim - HL 17.10.07

The House of Lords has unanimously dismissed employees' appeals in these long running test cases. The Court of Appeal held in 2006 that (i) the mere presence of pleural plaques in employees' lungs does not found a claim and (ii) an employer is not liable for (psychiatric injury caused by) anxiety about the possibility of contracting a disease. The House of Lords has unanimously upheld that decision.


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