In Greenway -v- Johnson Matthey PLC  EWHC 3957 (QB) Mr Justice Jay decided that there was no claim in law for claimants whose exposure to substances at work led to their developing sensitivity to platinum.
A number of claimants had become sensitive to platinum salts as a result of their exposure whilst working with the defendant. They changed jobs and had considerable claims for loss of earnings. The judge had to determine whether they had a claim in law.
WAS THERE AN ACTIONABLE INJURY IN TORT?
The judge found that there was not. He considered the decision of the House of Lords in Rothwell -v- Chemical and Insulating Co Limited (2008) 1 AC 281. Where it was held that exposure to asymptomatic pleural plaques did not give rise to injury capable of a claim for damages in tort. The claimant argued that the case could be distinguished. The judge…
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