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Stressing the point

15 March 2013 / Karen O’Sullivan
Issue: 7552 / Categories: Features , Personal injury , Employment
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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,

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

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