September 29, 2025
Johnston v NEI International Combustion Ltd [2007] UKHL 39
A claimant developed asymptomatic pleural plaques from negligent asbestos exposure at work. The House of Lords held that the plaques, being harmless and causing no physical impairment, did not constitute actionable 'damage' in tort, overturning previous authorities on asbestos-related personal injury claims. Facts This case, heard alongside several other similar appeals (notably Rothwell v Chemical & Insulating Co Ltd), concerned Mr Johnston, who was exposed to asbestos dust whilst employed by the defendants, NEI International Combustion Ltd. This exposure was admitted to have been negligent. As a result, Mr Johnston developed pleural plaques. Pleural plaques are areas of fibrous thickening
