The WLR Daily case summaries
[2016] WLR (D) 224
Court of Appeal
Greenway and others v Johnson Matthey plc
[2016] EWCA Civ 408
2016 Feb 23, 24; April 28
Lord Dyson MR, Davis, Sales LJJ
Negligence — Duty of care— Chemical hazard exposure — Claimants employed at defendant’s chemical plants developing sensitivity to platinum salts — Collective agreement negotiated by trade union with defendant providing for contractual periodic testing of employees at risk of sensitisation and to prevent development of full-blown platinum allergy — Further contractual provision for redeployment of sensitised employees if possible and dismissal under special termination conditions if redeployment impossible — Claimants bringing claims in tort and contract — Whether duty of care to protect from financial loss— Whether claimants suffering actionable injury — Whether implied term in contract to protect from financial loss