To reach this conclusion, theauthor analyses the key cases in both legal systems. French courts haveshown a flexible approach, stretching the functions of tort law to its limits,while English courts have taken an extremely rigid position on these claims,reducing the ambit of tort law to almost nothing. In this paper,the author compares the judicial treatment of claims for fear of future illness inEnglish and French Law and concludes that neither of the approaches issatisfactory to protect the interests of the parties involved. As a consequence, a risein claims relating to the fear of contracting a future disease has mirrored thepublic’s concern for their health in different EU Member States. The occurrence of multiple health-related catastrophes in the last30years has left a long-lasting imprint in people’s minds, resulting in the publicbecoming more aware of the risks surrounding them.
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