Walker v Northumberland County Council
| Jurisdiction | England & Wales |
| Judgment Date | 05 February 2002 |
| Date | 05 February 2002 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Brooke, Lady Justice Hale and Lord Justice Kay.
Employment - employer's liability - stress at work - foreseeability and causation - ordinary principles apply - guidelines - Page v Smith[1996] AC 155 - Alcock v Chief Constable of South Yorkshire Police[1992] 1 AC 310 - Cook v Swinfen [1967] 1 WLR 457 - Tetch v Commissioners of Customs & Excise [1993] ICR 789 -Walker v Northumberland County Council [1995] 1 All ER 737 -Frost v Chief Constable of South Yorkshire Police [1992] 2 AC 455
The ordinary principles of employer's liability applied to claims for psychiatric, or physical, injury or illness arising from the stress of work.
Although there were no special control mechanisms applying to such claims by employees, they required particular care in determination because they often gave rise to difficult issues of foreseeability and causation and identifying a relevant breach of duty.
The Court of Appeal so held in a reserved judgment when:
1 Allowing an appeal by Terence Sutherland, Chairman of the Governors of St Thomas Becket RC High School, from Judge Trigger in Liverpool County Court who on August 7, 2000 awarded Penelope Hatton, a teacher, damages of Pounds 90,765.83; 2 Allowing an appeal by Somerset County Council from Judge Roach in Exeter County Court who on March 8, 2001 awarded Leon Alan Barber, a teacher, damages of Pounds 101,041.59; 3 Dismissing an appeal by Sandwell Metropolitan Borough Council from Judge Nicholl in Birmingham County Court who on October 31, 2000 awarded Olwen Jones, an administrative assistant, damages of Pounds 157,541 and 4 Allowing an appeal by Baker Refractories Ltd from Judge Kent-Jones in Leeds County Court who on January 26, 2001 awarded Melvyn Edward Bishop, a raw materials operative, general damages of Pounds 7,000.
In each appeal the employer appealed against a finding of liability for an employee's psychiatric illness caused by stress at work.
Mr Peter Atherton for Mrs Hatton; Mr Andrew Collender, QC and Mr Stephen Archer for Mr Sutherland.
Mr Robert Glancy, QC and Mr Christopher Goddard for Mr Barber; Mr Andrew Hogarth for Somerset.
Mr Mark Anderson for Mrs Jones; Mr Ralph Lewis, QC for Sandwell.
Mr Howard Elgot for Mr Bishop; Mr Robert F. Owen, QC for Baker Refractories.
LADY JUSTICE HALE...
To continue reading
Request your trial
-
McGrath v Trintech Technologies Ltd
... ... HATTON V SUTHERLAND 2002 2 AER 1 BARBER V SOMERSET CO COUNCIL 2004 2 AER 385 STOKES V GUEST & ORS 1968 1 WLR 1776 CROSS V HIGHLAND & ISLANDS ENTERPRISE 2001 IRLR 336 WALKER V NORTHUMBERLAND CO COUNCIL 1995 1 AER 737 GILLESPIE V COMMONWEALTH ... Somerset County Council [2004] 2 All E.R. 385 ... The decision of the Court of Appeal was ... ...
-
Barber v Somerset County Council
... ... In the landmark case of Walker v Northumberland County Council [1995] 1 All ER 737 , Colman J applied those same principles in upholding the claim. Both have recently been cited ... ...
-
Curran v Cadbury (Ireland) Ltd
... ... ” 1999 TORT LAW REVIEW 165 ANNS V MERTON LONDON BOROUGH COUNCIL 1978 AC 728 WARD V MCMASTER 1988 IR 337 1989 ILRM 400 W (HM) V IRELAND 1997 2 IR 141 WALKER V NORTHUMBERLAND CO COUNCIL 1995 1 AER 737 HOSFORD V JOHN MURPHY & ... In Walker -v- Northumberland County Council [1995] 1All E.R. 737 the English Courts imposed liability where ... ...
-
Fletcher v Commissioner of Public Works
... ... resolved in favour of the plaintiff by the English High Courtin Walker -v- Northumberland CountyCouncil 23 ... Secondly, the claim of the ... The Medical Research Council 2000 Lloyds Reports, Medical Reports 161 to say the following:- " ... ...