Zero + Zero + Zero = Zero

摘要

The title of this article is taken from sentiments expressed by their Lordships when the conjoined cases of Johnston v NEI International Combustion Ltd, Rothwell v Chemical and Insulating Co Ltd, Topping v Benchtown Ltd, Grieves v FT Everard & Sons (Grieves) were appealed to the House of Lords. Their Lordships were unanimously of the opinion that none of the appellants had succeeded in establishing any claim in negligence for compensation for having developed pleural plaques, for the risk that they might in future develop an asbestos-related disease, or for what they had suffered on realising that the plaques were an indication of exposure to asbestos fibres during the course of their employment. Lord Hope of Craig opened his speech with the statement: "No action lies for a wrong which has not resulted in some element of loss, injury or damage of a kind that was reasonably foreseeable and for which the claimant can sue. It is the limits of this, most basic, principle of the law of negligence that are under scrutiny in these appeals."