Case Report: Marsh v Ministry of Justice [2017] EWHC 1040 (QB) (Part 2)

12 King’s Bench Walk (Chambers of Paul Russell QC) | Personal Injury Law Journal | October 2017 #159
Costs, discount rate, alternative dispute resolution ‘A party who makes serious allegations of misconduct runs a significant risk of being subjected to indemnity costs if they prove unsuccessful.’ In part one, we reported on the judgment for this case, where the Ministry of Justice was found to be liable for a stress-at-work claim. We will …

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Occupational Stress: Two of a kind

Rushmi Sethi | Personal Injury Law Journal | February 2017 #152
Rushmi Sethi explores the inter-relationships between personal injury and employment law, when dealing with liability for psychological injury in occupational stress claims ‘The inter-relationships between tortious liability in personal injury practice and employment law practice with regard to occupational stress claims involve “some overlap”, because there are potentially two different fora available for redress with …

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Stress: Being your own worst enemy

Ely Place Chambers | Personal Injury Law Journal | July/August 2015 #137
Liam Ryan highlights the need to clearly disclose mental health issues to an employer in stress at work claims ‘Considering the need for a risk assessment it was rightly held that this does not obviate the need for any psychiatric injury which could be suffered to be foreseeable.’Following the increasing volume of cases passing through …

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Occupational Stress: High Court takes robust approach to foreseeability

Thomas Eggar, part of Irwin Mitchell | Employment Law Journal | July/August 2015 #162
Simon Fenton discusses the latest in a line of cases on employers’ duty to protect workers from mental injury ‘Warning signs from employees will play a fundamental role in establishing liability because once the employer is on notice of the adverse effects of stress, the consequences are more foreseeable.’ If someone wants to claim personal …

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