header-logo header-logo

Pleural plaques are back

08 November 2007 / Colin Mccaul
Issue: 7296 / Categories: Features , Personal injury
printer mail-detail

Colin McCaul QC peers beneath the surface of Rothwell

The House of Lords gave its decision in Rothwell v Chemical & Insulating Co Ltd and another and other appeals; Re Pleural Plaques Litigation [2007] UKHL 39, [2007] All ER (D) 224 (Oct) on 17 October 2007. Their lordships unanimously upheld the majority judgment of the Court of Appeal to the effect that pleural plaques—and, arguably, pleural thickening—do not constitute actionable damage. And that is that, you might think, after reading the reports in the media.

But news of the death of pleural plaques actions has been greatly exaggerated. Just as in Fairchild v Glenhaven Funeral Services Ltd [2002] UKHL 22, [2002] 3 All ER 305, where Lord Hutton’s deliberate throwaway line opened the door for defendants to argue that mesothelioma damages were apportionable, so too one must look to the subtext in Rothwell.

Lord Scott, in common with all of their lordships, found that the law of tort provides no remedy for those who have contracted pleural plaques as a result of exposure

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
back-to-top-scroll