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A new judgement (Dickins v. 02) handed down by the Court of Appeal has left the way open for more claimants to bring stress claims by lowering some of the hurdles set up in the leading stress case of Hatton v. Sutherland.Up until the judgment in Dickins the Court of Appeal in cases such as Hatton and Conn has clearly sought to limit the number of stress claims by setting hurdles for the claimant to cross before standing any prospect of succeeding.In Dickins, there has been something of a retreat and t...
News | 22 Oct 2008
...(3) Wheeldon -v- HSBC Bank Ltd (4) Green -v- Grimsby & Scunthorpe Newspapers Ltd (5) Moore -v- Welwyn Components Ltd (6) Melville -v- The Home Office - Court of Appeal 19 January 2005 Summary The Court of Appeal has reconsidered the 16 point guidance given by Hale LJ in the Court of Appeal in Hatton -v- Sutherland [2002] 2 ALL ER 1 and the subsequent decision of the House of Lords in Barber -v- Somerset County Council [2004] 1 WLR 1089 on the appropriate principles to apply in claims arising from stress at work. The Court of Appeal suggested that the House of Lords in Barber had not detract...
Case | 31 Jan 2005
...head for many businesses and their employees and we anticipate that the number of work-related stress claims is set to increase further. At the same time many employers underestimate the steps that they need to take if they are to protect their businesses against such claims. In 2002 in the case of Hatton v. Sutherland, to the relief of many employers and insurers, the Court of Appeal gave detailed guidance as to the approach the Court should adopt when considering allegations of psychiatric illness caused by stress at work. The guidance was seen as raising the bar for claimants trying to establish ...
Magazine issue | 8 Dec 2008