header-logo header-logo

Stressing the point

15 March 2013 / Karen O’Sullivan
Issue: 7552 / Categories: Features , Personal injury , Employment
printer mail-detail
97766624_1

Karen O’Sullivan provides an update on cases involving breach of duty & non-tortious causes

Claims for personal injury arising from stress at work are difficult and complex, often with minute consideration of specific facts as to what the employer did or didn’t do. One complexity is the common scenario where other factors in the claimant’s life have contributed to the breakdown in mental health.

This issue was recently visited in the Court of Appeal case of Brown v London Borough of Richmond-upon-Thames [2012] All ER (D) 278 (Nov), although the court failed to produce definitive guidance as to how to treat the interaction between the employer’s breach of duty and non-tortious causes (in Mr Brown’s case, his marriage breakdown).

Unfortunately we have two separate dicta on the issue which are explicitly different, both from the Court of Appeal, and both obiter. In Hatton v Sunderland [2002] 2 All ER 1, Hale LJ suggested that the court should consider first whether the employer’s breach of duty was such that absent the breach,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll