header-logo header-logo

18 June 2009
Issue: 7374 / Categories: Legal News , Local government , Employment
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll