Everyone makes mistakes and lawyers sometimes get the law wrong. It is less common for lawyers on both sides to be wrong.
A sad example of just such a case is Monk v Cann Hall Primary School  All ER (D) 165 (Sep)*.
Poor Ms Monk not only became seriously ill after being wrongfully dismissed from her position, but then believed for over 4 years that she might recover compensation.
Those hopes, based on her own legal advice and the position adopted by the school’s lawyers were crushed when, less than a month before trial, her case collapsed like a house of cards. Continue reading
In Mitchell & Others v United Co-operatives  EWCA Civ 348 the Court of Appeal was asked to consider the extent of an employer’s duty of care in respect of robberies from a shop. In doing so, it confirmed that the duty did not extend to preventing such robberies but only to taking reasonable steps to deter them. Continue reading
Image: Danilo Rizzuti / FreeDigitalPhotos.net
It would be a mistake to view the judgment in MacLennan v Hartford Europe  EWHC 346 (QB) handed down on 24 February as an unequivocal finding that Chronic Fatigue Syndrome (CFS) can never be caused by stress at work.
It is fair to say the Claimant was running a ‘courageous’ case. CFS remains a controversial illness with ongoing debates about its nature (and especially whether it is predominantly a physiological or psychological condition), its diagnosis and even its name.
Without any certainty about the causative mechanism for CFS, it is hardly surprising that there is no agreement that stress may cause CFS at all and so the Claimant was facing an uphill task even before looking at the evidence itself.