Monk v Cann Hall Primary School & Anor [2013] EWCA Civ 826 (10 July 2013)

Monk v Cann Hall Primary School & Anor [2013] EWCA Civ 826 (10 July 2013)

The Court of Appeal held that Mrs. Monk should be permitted to amend her particulars of claim to contend her employment terminated on 31 August 2008, as the exclusion from the school may not have constituted dismissal and the claim could fall outside the Johnson exclusion area. The judge below erred by rigidly adhering to pleadings and not allowing amendment when the point was raised in argument.

Citation
[2013] EWCA Civ 826
Parties
Claimant/appellant: Suzanne Monk; Defendant/respondent: Cann Hall Primary School; Defendant/respondent: Essex County Council
Jurisdiction
England and Wales
Judgment Date
10 July 2013
Procedural Posture
Appeal From High Court (queen's Bench Division) / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Personal Injury, Redundancy, Dismissal, Duty of Care, Remoteness of Damage, Abuse of Process, Amendment of Pleadings
Employment Law Tort Law Personal Injury Redundancy Dismissal Duty of Care Remoteness of Damage Abuse of Process +1 more

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Parties

Suzanne Monk

Claimant/appellant

Cann Hall Primary School

Defendant/respondent

Essex County Council

Defendant/respondent

Procedural Posture

Appeal From High Court (queen's Bench Division) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether an employee can claim damages for personal injury caused by the manner of dismissal
  2. 2 Whether the claim falls within the Johnson exclusion area
  3. 3 Whether amendment of pleadings to change the date of dismissal constitutes abuse of process

Ratio Decidendi

The Court of Appeal held that Mrs. Monk should be permitted to amend her particulars of claim to contend her employment terminated on 31 August 2008, as the exclusion from the school may not have constituted dismissal and the claim could fall outside the Johnson exclusion area. The judge below erred by rigidly adhering to pleadings and not allowing amendment when the point was raised in argument.

Court Disposition

Appeal allowed

Orders

  • Permission granted to Mrs. Monk to amend particulars of claim to contend employment terminated on 31 August 2008