Suspend in haste; repent at leisure
Yapp v Foreign & Commonwealth Office  EWHC 1098 (QB) is interesting on its facts but also, and the reason I mention it here, because it is a rare example of a Claimant recovering damages for psychiatric injury suffered as a result of a breach of contract.
There is authority for such a claim in the case of Gogay v Hertfordshire County Council  EWCA Civ 228 where a care worker suffered injury after being suspended on account of allegations made by a child after a therapy session. Continue reading
Play your cards right to succeed
A little while ago I reported the sad case of Monk v Cann Hall Primary School and how Mrs Monk’s hopes of securing compensation had been cruelly dashed. The good news is that hope has been rekindled on appeal.
After initially admitting liability, the School’s advisors cottoned on to the fact her claim for psychiatric injury related to her dismissal and, as no such claim may be made, they withdrew the admission and got her claim struck out into the bargain. Continue reading
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