Greenway & Ors v Johnson Matthey Plc

Greenway & Ors v Johnson Matthey Plc

Platinum sensitisation without symptoms does not constitute actionable injury in tort, as it is not harmful, does not progress absent further exposure, and does not result in compensable damage. Pure economic loss resulting from preventative work restrictions is not recoverable in tort or contract, as the scope of...

Source-derived case information.

Parties
Claimant: Daniel Greenway; Claimant: Waynsworth Dryden; Claimant: Dean White; Claimant: Simon York; Claimant: Tony Cipullo; Defendant: Johnson Matthey PLC
Jurisdiction
England and Wales
Judgment Date
26 November 2014
Procedural Posture
Civil Employers' Liability / Judgment After Split Trial on Liability
Outcome
Judgment for the Defendant
Legal Topics
Actionable Injury, Pure Economic Loss, Employers' Liability, Breach of Statutory Duty, Negligence, Implied Contractual Terms
Tort Law Contract Law Employment Law Actionable Injury Pure Economic Loss Employers' Liability Breach of Statutory Duty Negligence +1 more

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Summary, issues, holding and outcome

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Parties

Daniel Greenway

Claimant

Waynsworth Dryden

Claimant

Dean White

Claimant

Simon York

Claimant

Tony Cipullo

Claimant

Johnson Matthey PLC

Defendant

Procedural Posture

Civil Employers' Liability / Judgment After Split Trial on Liability

Legal Issues

  1. 1 Whether platinum sensitisation without symptoms constitutes actionable injury in tort
  2. 2 Whether claimants can recover more than nominal damages in contract absent personal injury

Ratio Decidendi

Platinum sensitisation without symptoms does not constitute actionable injury in tort, as it is not harmful, does not progress absent further exposure, and does not result in compensable damage. Pure economic loss resulting from preventative work restrictions is not recoverable in tort or contract, as the scope of the employer's duty does not extend to financial loss unaccompanied by personal injury.

Court Disposition

Judgment for the Defendant