Bonser v UK Coal Mining Ltd

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

  1. 1 Whether the employer was liable for psychiatric injury caused by workplace stress
  2. 2 Whether the risk of psychiatric injury was reasonably foreseeable to the employer
  3. 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