Source: All England Reporter
Publisher Citation: [2012] All ER (D) 285 (Oct)
Neutral Citation: [2012] EWCA Civ 1384
Court: Court of Appeal, Civil Division

Lord Dyson MR, Davis and Treacy LJJ

Representation Patrick Green QC and Hannah Curtain (instructed by Brachers LLP, Maidstone) for the claimant.
  William Norris QC and John Norman (instructed by Clyde & Co)
Judgment Dates: 26 October 2012


Negligence - Cause of action - Damage - Claimant retiring from defendant's employment on grounds of ill health due to nervous breakdown - Judge finding breakdown caused by defendant's negligence - Judge limiting damages for loss of earnings to period of 12 months from last working day - Judge finding causative effect of breach of duty ceasing from that point by effects of breakdown of claimant's marriage.

The Case

Negligence Cause of action. The Court of Appeal, Civil Division, considered an appeal by an employee in respect of an award of damages in a claim for negligence against his employer, following his retirement as a result of a nervous breakdown. The award in respect of loss of earnings had been limited in time to a point when the judge considered that the causative effect of any breach of duty had been superseded by the effects of the breakdown of the employee's marriage. The Court found that the judge's approach had not revealed a consideration of the issues or a chain of reasoning sufficient to underpin his finding on the issue of causation.

Practice Areas

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