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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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