Source: All England Reporter
Publisher Citation: [2005] All ER (D) 141 (Jan)
Neutral Citation: [2005] EWCA Civ 6
Court: Court of Appeal, Civil Division
Judge:

Lord Phillips MR, Tuckey and Scott Baker LJJ

Representation Andrew Hogarth QC (instructed by Barlow, Lyde & Gilbert) for the appellant in the first appeal.
  Andrew Glennie (instructed by Newman and Maxwell) for the respondent in the first appeal.
  David Platt and Matthew Boyle (instructed by Berrymans Lace Mawer) for the appellant in the second appeal.
  Kathleen Anderson and Samuel Wright (instructed by Gowmans) for the respondent in the second appeal.
  Robert Stokell (instructed by Halliwell Landau) for the appellant in the third appeal.
  Richard Seabrook (instructed by Thompsons) for the respondent in the third appeal.
  Julian Matthews (instructed by Paul Rudd) for the appellant in the fourth appeal.
  Richard Swain (instructed by DLA) for the respondent in the fourth appeal.
  Winston Hunter QC and Simon Burrows (instructed by Halliwell Landau) for the appellant in the fifth appeal.
  Simon Dyer (instructed by John O'Neal & Co) for the respondent in the fifth appeal.
  Wendy Outhwaite (instructed by the Treasury Solicitor) for the appellant in the sixth appeal.
  Nigel Cooksley QC (instructed by Augustines Injury Law) for the respondent in the sixth appeal.
Judgment Dates: 19 January 2005

Catchwords

Negligence - Duty of care - Employer - Liability for employee's psychiatric illness caused by stress at work.

The Case

Liability for psychiatric injury caused by stress at work was in general no different in principle from liability for physical injury. It was foreseeable injury flowing from the employer's breach of duty that gave rise to the liability. It did not follow that because a claimant suffered stress at work and that the employer was in some way in breach of duty in allowing that to occur that the claimant was able to establish a claim in negligence.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.