Unequal victims

Pleural plaques are a scarring on the lung caused by exposure to asbestos. Although they can often be a precursor to more serious asbestos related illnesses, for example mesothelioma, they are distinctive from other types of asbestos related conditions in that they are usually symptom free. The person afflicted by pleural plaques will not experience any physical pain or suffering, and in many cases will never become ill at all. However, the person afflicted may become very anxious about the possibility of developing asbestos related disease in the future, so psychological harm may be caused (see 159 NLJ 7396, p 1688 for the previous article on pleural plaques).

This gives rise to a legal problem: where the inhalation of asbestos fibres giving rise to pleural plaques is a result of negligence, eg by an employer, should persons suffering from pleural plaques be entitled to damages in the civil courts? In 2007 the House of Lords decided that, since no actual physical pain