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08 November 2007 / Colin Mccaul
Issue: 7296 / Categories: Features , Personal injury
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Pleural plaques are back

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

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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