Johnston (Original Appellant and Cross-respondent) v NEI International Combustion Limited (Original Respondents and Cross-appellants)Rothwell (Original Appellant and Cross-respondent) v Chemical and Insulating..

The House of Lords dismissed the appeals brought by claimants who sought damages for developing pleural plaques as a result of negligent exposure to asbestos dust during their employment. The claimants argued that the plaques, the associated risk of future diseases, and the anxiety caused by these factors constituted actionable damage. The House of Lords held that the development of pleural plaques alone did not constitute actionable damage as they were asymptomatic and did not cause any material harm. The Lords also rejected the argument that the combination of plaques, risk, and anxiety could create a cause of action, stating that none of these factors, individually or collectively, amounted to actionable damage. Furthermore, the House held that psychiatric illnesses resulting from the anticipation of future disease were not actionable in the absence of specific foreseeability. The House of Lords left open the potential for future development of contractual remedies but noted that such issues could not be addressed in the current case.