0370 270 6000

Catlaugh v Caradon Everest Ltd

21 September 2000
The issues


The facts

Pursuer sought damages for depressive illness which he inferred was caused by the stress he was subjected to whilst working for the Defender. “the pursuers factual averments are prolix in the extreme” – in essence the complaint was of a disorganised and overloaded system of work exacerbated by an overbearing and bullying management style. Effectively the pursuer was claiming that he was not able to refuse work given to him and that he was obliged to do everything and anything asked off him regardless of practicality and the hours involved. The pursuer offered no explanation as to how this extraordinary state of affairs came about. There was no suggestion that the pursuer was in some way disadvantaged or vulnerable to exploitation. The Court noted that the Claimant appeared to be self employed and that his remuneration depended on the number of service calls he made as a double glazing engineer.

The decision

A case of this sort would normally expect to be set in context by reference to the contractual terms which underlay the relationship between the parties. This was not the case here. The allegation that the pursuer could have been dismissed was particularly irrelevant in these circumstances.

Obiter the pursuer had failed to aver any recognised psychiatric illness or that there were facts or circumstances from which could be inferred that such an illness was reasonably foreseeable and he had failed to aver what precautions should have been taken to avoid such injury.

Focus on...

Legal updates

Court of Appeal confirms exclusive English jurisdiction clause in excess liability policies in Canadian pipeline dispute

On 10 June 2022 the Court of Appeal upheld an anti-suit injunction granted in favour of insurers by Mr Justice Jacobs in September 2021 restraining proceedings from being brought in Canada and enforcing the exclusive English jurisdiction clause in excess liability policies.



Payment Fraud landscape shaped by technology in 2021

Payment systems across Europe are under increased pressure to mitigate fraud risks and defend against persistent attacks from enablers using ever more sophisticated and malicious viruses and malware.


Legal updates

Gosden and another v Halliwell Landau and another [2021] EWHC 159 (Comm)

This claim addressed the question, of when the date for assessment of damages in cases of negligence should be determined and shows that when appropriate the Courts will depart from the default position.


Legal updates

Assessing the scope of employers liability – Chell v Tarmac

These were the opening remarks of Mr Justice Martin Spencer when handing down his Judgment in the recent case of Andrew Chell v Tarmac Cement and Lime Limited [2020] EWHC 2613, the latest in a series of appeals dealing with the scope of vicarious liability.


The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up