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15 March 2013 / Karen O’Sullivan
Issue: 7552 / Categories: Features , Personal injury , Employment
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Stressing the point

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Karen O’Sullivan provides an update on cases involving breach of duty & non-tortious causes

Claims for personal injury arising from stress at work are difficult and complex, often with minute consideration of specific facts as to what the employer did or didn’t do. One complexity is the common scenario where other factors in the claimant’s life have contributed to the breakdown in mental health.

This issue was recently visited in the Court of Appeal case of Brown v London Borough of Richmond-upon-Thames [2012] All ER (D) 278 (Nov), although the court failed to produce definitive guidance as to how to treat the interaction between the employer’s breach of duty and non-tortious causes (in Mr Brown’s case, his marriage breakdown).

Unfortunately we have two separate dicta on the issue which are explicitly different, both from the Court of Appeal, and both obiter. In Hatton v Sunderland [2002] 2 All ER 1, Hale LJ suggested that the court should consider first whether the employer’s breach of duty was such that absent the breach,

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Bellevue Law—Lianne Craig

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The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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