Source:	All England Reporter
Publisher Citation:	[2002] All ER (D) 311 (Apr)
Court:	Court of Appeal, Civil Division
Judge:	Simon Brown, May and Arden LJJ
Representation	Peter Wilson (instructed by Praxis Partners) for the claimant.
	Nigel Cooksley QC (instructed by Irwin Mitchell) for the defendant.
Judgment Dates:	30 April 2002

Catchwords

Negligence - Duty to take care - Employer - Action for stress related psychiatric injury - Claimant suffering breakdown - Employer devising programme for claimant to return to work - Claimant suffering second breakdown - Whether second breakdown reasonably foreseeable by employer - Whether employer in breach of duty by failing to implement programme for claimant - Whether claimant contributorily negligent.

The Case

On the facts, the judge had been entitled to find that the defendant employer had breached its duty of care in relation to the claimant employee by devising but failing to implement a programme to deal with the claimant's vulnerability to stress.

Practice Areas

• Local Government
• Personal Injury

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