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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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MOVERS & SHAKERS

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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