0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Catlaugh v Caradon Everest Ltd

21 September 2000
The issues

Stress

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

Contingent loss in negligence claims

Contingent loss is relevant to limitation; specifically, the date at which a claimant’s cause of action accrues for the purposes of a claim in the tort of negligence (as many claims against professional advisers are framed).

View

Legal updates

Legal and regulatory monthly update - September 2019

The latest update covering delegated authority, insurance product development, the senior insurance managers regime, data protection, operational control frameworks, Lloyds market, and horizon scanning.

View

Legal updates

Kuoni referred to the CJEU by Supreme Court for clarification - possible impact on breach of contract, vicarious liability and assumption of responsibility claims for sexual abuse and assault

We were hoping to be able to give you some interesting insights following the judgment of X v Kuoni Travel Ltd but that will have to wait for another day.

View

Legal updates

The disappearance of LIBOR

Companies should undertake a comprehensive review and audit to identify those products and legacy contracts that are LIBOR-linked and carry out an in-depth risk assessment of discontinuation. Where possible, companies should look at appointing an individual to oversee the programme.

View

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