Bonser v UK Coal Mining Ltd
The employer was not liable because there was insufficient evidence that the risk of psychiatric injury was reasonably foreseeable; the claimant did not manifest clear signs of impending harm, nor was the employer aware of her particular vulnerability.
- Parties
- Claimant/respondent: Christine Mary Bonser; Defendant/appellant: UK Coal Mining Limited (named in the case as RJB Mining UK Limited)
- Jurisdiction
- England and Wales
- Judgment Date
- 09 June 2003
- Procedural Posture
- Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
- Outcome
- Appeal allowed; judgment for claimant set aside
- Legal Topics
- Employer's Duty of Care, Psychiatric Injury, Foreseeability, Workplace Stress, Vicarious Liability
Case Brief
Summary, issues, holding and outcome
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Parties
Christine Mary Bonser
Claimant/respondent
UK Coal Mining Limited (named in the case as RJB Mining UK Limited)
Defendant/appellant
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Legal Issues
- 1 Whether the employer was liable for psychiatric injury caused by workplace stress
- 2 Whether the risk of psychiatric injury was reasonably foreseeable to the employer
- 3 Whether the employer breached its duty of care
Ratio Decidendi
The employer was not liable because there was insufficient evidence that the risk of psychiatric injury was reasonably foreseeable; the claimant did not manifest clear signs of impending harm, nor was the employer aware of her particular vulnerability.
Court Disposition
Appeal allowed; judgment for claimant set aside
Orders
- Appeal allowed with costs here and below
Full Case Text
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