Cases

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All and Asbestos

Bolton Metropolitan Borough Council v Municipal Mutual and Commercial Union

For the purposes of a Public Laibility policy providing cover for injury occurring during the period of insurance, mesothelioma occurs at the onset of malignancy or the onset of symptoms, not during the period of exposure. - (2006) EWCA Civ 50

Grieves and Others v FT Everard & Sons and Others

Although pleural plaques constitute a physiological change in the body it is insufficiently significant to constitute damage on which a claim in negligence can be founded. Damages cannot be recovered for the risk of contracting a future physical disease when the underlying condition is insufficiently serious to give rise to a cause of action. Anxiety which is not caused by a physical injury is not a head of damage. There is no duty under English law to take care not to cause anxiety. No free-standing claim for psychiatric injury through fear of disease. - [2006]EWCA Civ27