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18 June 2009
Issue: 7374 / Categories: Legal News , Local government , Employment
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Local authority receives depressing decision

A local authority has lost its £1m claim against a chief executive who they claimed failed to disclose previous stress-related illnesses in her job application.

A local authority has lost its £1m claim against a chief executive who they claimed failed to disclose previous stress-related illnesses in her job application.

Cheltenham Borough Council sued its former employee, Christine Laird, for making fraudulent or negligent misrepresentations in a job application, by not disclosing she had previously suffered depression.
However, Mr Justice Hamblen dismissed the application, noting that Laird had correctly filled out the council’s medical questionnaire, which asked: “Do you have either a physical and/or mental impairment?”
Hamblen J said: “She did not have an ongoing depressive disorder...A reasonable person in Mrs Laird’s position at the material time would not regard herself as having a physical or mental impairment.”

Hamblen J rejected a counterclaim for damages by Laird to reflect the value of the work she did for the council during her tenure.

Andrew North, chief executive of the council, is consulting with group leaders and legal advisers on whether or not to appeal the ruling.
A decision will be made early next week.

Issue: 7374 / Categories: Legal News , Local government , Employment
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NEWS
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
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