Connor v Castle Cement & Ors [2016] EWHC 300 (QB) (19 February 2016)
The claimant failed to prove, on the balance of probabilities, that he suffered a recognised psychiatric disorder as a result of the defendants' breach of duty. The evidence, including medical records, expert opinion, lay testimony, and surveillance footage, did not establish that the claimant's psychiatric symptoms amounted to a recognised psychiatric injury actionable in law.
- Citation
- [2016] EWHC 300
- Parties
- Claimant: George Andrew Connor (by his wife and Litigation Friend, Rebecca Connor); 1st Defendant: Castle Cement; 2nd Defendant: S&S Steel Fabrications Limited; 3rd Defendant: Vesuvius UK Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 19 February 2016
- Procedural Posture
- Personal Injury Negligence / Preliminary Trial on Liability and Causation (psychiatric Injury)
- Outcome
- Claimant failed on the preliminary issue; claim for psychiatric injury dismissed at this stage.
- Legal Topics
- Negligence, Psychiatric Injury, Duty of Care, Causation, Employer's Liability
Case Brief
Summary, issues, holding and outcome
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Parties
George Andrew Connor (by his wife and Litigation Friend, Rebecca Connor)
Claimant
Castle Cement
1st Defendant
S&S Steel Fabrications Limited
2nd Defendant
Vesuvius UK Limited
3rd Defendant
Procedural Posture
Personal Injury Negligence / Preliminary Trial on Liability and Causation (psychiatric Injury)
Legal Issues
- 1 Whether the claimant suffered a recognised psychiatric disorder as a result of the defendants' admitted breach of duty
- 2 Whether the psychiatric injury is actionable in law
Ratio Decidendi
The claimant failed to prove, on the balance of probabilities, that he suffered a recognised psychiatric disorder as a result of the defendants' breach of duty. The evidence, including medical records, expert opinion, lay testimony, and surveillance footage, did not establish that the claimant's psychiatric symptoms amounted to a recognised psychiatric injury actionable in law.
Court Disposition
Claimant failed on the preliminary issue; claim for psychiatric injury dismissed at this stage.
Orders
- Claim for psychiatric injury dismissed; further trial required to assess quantum for admitted physical injury.
Full Case Text
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