Rothwell v Chemical & Insulating Co Ltd (2007)

House of Lords

Facts: Claimants developed symptomless pleural plaques from asbestos exposure and claimed damages for anxiety about future illness.

Issue: Can damages be claimed for symptomless plaques and the anxiety about future illness?

Held: C’s claim was rejected. Symptomless pleural plaques do not constitute actionable damage. Anxiety about potential future illness, without accompanying physical symptoms or illness, does not amount to actionable damage.

• Lord Scott : “nought plus nought equals nought”

💡Important note : many people in the medical profession find this an outrageous decision as, in their professional opinion, they would see pleural plaques as being damages; but, the law does not consider them to be so.