Rothwell v Chemical and Insulating Co Ltd. [2007] UKHL 39

Facts:

  • Former asbestos workers claimed that their employers’ negligence in exposing them to asbestos had led to anxiety and depression due to fear that they could contract a serious asbestos-related disease in the future.


 Issue:

  • Whether the symptomless plaques were, in and of themselves, a form of actionable damage?


 Ratio:

  • HoL did not consider that the exposure could count as a ‘zone of danger’ to make the C primary victims.

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